LAST UPDATE: 06/13/2024
This is the Terms of Service for VVF Science, LLC (“VVF”, “our”, “we”, “us”, whether capitalized or lowercase). These Terms of Service describe the terms and conditions applicable to your (“you”, “your”, whether capitalized or lowercase) access and use of any of our websites, portals, mobile applications, email correspondence, and any of our social media channels (collectively, our “Platforms”), or the use and/or purchase of any of our services, classes or events, video training, tools or products (collectively, our “Products”).
The purchase of any of our “Products” may also be governed by separate agreements which will be provided to you at the time of purchase.
We may amend these Terms of Service at any time by posting the amended Terms of Service on this website. All amended terms and conditions will be automatically effective after they are posted on the website.
We may change or discontinue any aspect, service or feature of the Platforms or Products at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.
You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of our Platforms and Products and all charges related to the same.
By using any of our Platforms or licensing, purchasing or using any of our Products, you acknowledge and agree that you are bound by these Terms of Service, and our Privacy Policy, which is incorporated herein by reference and can be found at https://vvf.science/privacy-policy/. If you do not agree with these Terms of Service, then do not use our Platforms or license, purchase or use any of the Products.
A. INFORMATIONAL PURPOSES ONLY
No individual business relationship is formed between you and VVF as a result of viewing or using our Platforms, licensing, purchasing or using any of our Products, or submitting a contact request or email. Our Platforms and Products are not guaranteed to be accurate, complete, reliable, current or error-free. Where testimonials, case studies or representative results are included from purchasers of our Products, results achieved do not guarantee similar outcomes for others. All of the information provided on our Platforms and in our Products (including the digital content, whether available for purchase or not) are resources for educational and informational purposes only and should not be relied on as individual advice.
B. INTELLECTUAL PROPERTY RIGHTS AND LICENSES
1. VVF Intellectual Property. The content in our Platforms and Products is the sole and exclusive property of VVF and is protected by intellectual property rights. The following (whether in plain text or graphic/design form) are the proprietary trademarks and service marks of VVF: V with microscope, VVF Science primary logo, VVF Science wordmark, VVF Science alternate logo, VVF Science sub mark and ‘Contamination Control is a lifestyle’ slogan, and Contamination Control is a lifestyle encircling V with microscope in stylized lettering. All photographs and iconography on the Platforms and Products are the sole and exclusive copyrighted property of VVF. In addition, VVF claims a right of privacy and publicity in the image of its founder Vanessa Vasadi Figueroa, and you may not use any images of Ms. Figueroa without prior written consent.
All content and information contained on our Platforms and in our Products are the copyrighted property of VVF. Collectively, all the intellectual property rights of VVF in and to the Platforms and Products (including but not limited to patents, trademarks, service marks, trade secrets, copyrights or other proprietary rights anywhere in the world, whether or not registered or unregistered) is the “VVF IP.” You may not use, copy, modify, perform, display, create derivative versions of, extract, or otherwise exploit VVF IP except as expressly set forth in these Terms of Service.
Any trademarks or service marks of third parties referenced on any of our Platforms are the property of such third party. No claim of rights to such third party trademarks or service marks is made by us.
2. Permitted Uses of the Products and Other VVF IP. If you have licensed or purchased any Products, VVF hereby grants you a limited (subject to termination for breach of this license), non-transferable, non-sublicensable, non-assignable license for non-commercial, personal use only to:
(a) access and browse the relevant Product(s);
(b) view any video training that is included with the relevant Product; and
(c) view any content contained on the Platforms.
Notwithstanding the foregoing, if you have purchased, licensed or otherwise acquired any Products from VVF pursuant to a separate agreement, your rights under such separate agreement will control to the extent inconsistent from the above.
3. Excluded Uses of the Products and Other VVF IP. EXCEPT AS EXPRESSLY SET FORTH IN PARAGRAPH B.2 ABOVE, you may not modify, publish, transmit, rent, loan, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Platforms, Products or VVF IP, in whole or in part, without our prior written consent. By way of clarification but not limitation, you may not:
(a) include any portion, no matter how small, of our Platforms, Products or VVF IP in or with any product or service that you create or distribute;
(b) modify, create a derivative version of, translate, copy, record, duplicate, reproduce, rent, sell, resell, or use or otherwise exploit for any commercial purposes, any portion of our Platforms, Products or VVF IP;
(c) provide to a third party, whether for free or for a fee, access to any video training, membership portals or private groups that are part of our Platforms, Products or VVF IP;
(d) provide to a third party for free copies of any templates, tools or checklists that may be contained in any of our Products for use by the third party in their business;
(e) use a deep link to any page on our Platforms or Products that is not the home/primary page, or frame containing any portion of our Platforms, Products or VVF IP;
(f) copy or include the content from our Platforms, Products or VVF IP in your or any other website or publication; or
(g) encourage or instruct, directly or indirectly, any other person to do the same.
Use of VVF IP without our express permission, or except as expressly set forth in this Terms of Service, is an infringement of our intellectual property rights, and we reserve the right to take all actions at law or in equity necessary to protect any such misuse or infringement. This may include cease and desist letters, reporting you to authorities or lawsuits for damages or specific performance.
C. ACCESS TO, AND USE OF, OUR PLATFORMS AND PRODUCTS
1. Products. We have used commercially reasonable efforts to provide accurate descriptions of our Products, however, we cannot guarantee that a Product is suitable for your needs, or is error-free. We will use commercially reasonable efforts to correct errors in content or pricing as we become aware of them. We reserve the right to not honor any significant pricing errors for our Products.
2. Payments; Refund Policy. You acknowledge and agree that you will make full payments to VVF for all purchased or licensed Product(s). If you select an installment method, you authorize VVF to automatically charge the credit card on file for any and all payment balances due, and you agree to keep this information current and up-to-date with VVF. If any payment is insufficient or declined for any reason, we may revoke your access to the Products, without refund.
3. Feedback. You acknowledge and agree that to the extent that you provide any comments, questions, survey responses, discussions, ideas, suggestions or other feedback to VVF either pertaining to or through our Platforms and Products (collectively, the “Feedback”), such Feedback shall automatically become the property of VVF, and may be used by VVF in perpetuity without compensation to you of any kind.
4. Prohibited Behavior. When using our Platforms, you agree not to upload, post or otherwise transmit any content that:
(a) violates any law or advocates for dangerous or illegal activities, poses a threat to others, or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
(b) you know to be false, misleading or inaccurate;
(c) contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene, lewd, or is offensive content, hate speech, abusive, vulgar or profane.
(d) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right;
(e) would be considered junk mail, spam or any other form of solicitation;
(f) contains images or names of individuals unless you have the written consent from such persons to do so; and/or
(g) contains a virus, trojan horse or other harmful element, or which could interfere with or disrupt our Platforms, servers or networks.
We may, but do not have the obligation to, monitor any information you upload to the Platforms, and we may cooperate with law enforcement with regards to any information you upload.
D. VIOLATION OF LAWS, RULES AND REGULATIONS
You acknowledge and agree that our Platforms and Products are designed for individuals who are eighteen (18) years or older, and who have the legal authority to enter into these Terms of Service. You agree to use the Platforms and Products for lawful purposes only, and you will take no actions which infringe our intellectual property rights, or the rights of any third parties. If you violate the terms of the Terms of Service, slander, libel, defame or otherwise harm the reputation and goodwill of VVF, or take any actions which could subject VVF to civil or criminal liability, VVF reserves the right to immediately remove your access to our Platforms and Products, without refund. In addition, VVF reserves the right to seek all other remedies available at law and in equity for violations of the rules and regulations set forth on our Platforms, including violating these Terms of Service.
E. THIRD PARTY CONTENT; INBOUND AND OUTBOUND LINKED INTERNET SITES
1. Third Party Content. We may distributor content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Platforms, are those of the respective author(s) or distributor(s) and not of VVF. VVF neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Platforms by any third party.
2. LINKS. THERE MAY BE LINKS IN ON OUR PLATFORMS WHICH LET YOU LEAVE THE PLATFORMS, AND THIRD PARTIES MAY HAVE LINKS TO OUR PLATFORMS. THE LINKED SITES, WHETHER INBOUND OR OUTBOUND, ARE NOT UNDER THE CONTROL OF VVF, AND THE CONTENT AVAILABLE ON THE INTERNET SITES LINKED TO OUR PLATFORMS DO NOT NECESSARILY REFLECT THE OPINION OF VVF. VVF IS PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO YOU, AND ACCESS TO ANY OTHER INTERNET SITES LINKED TO OUR PLATFORMS IS AT YOUR OWN RISK. VVF ASSUMES NO RESPONSIBILITY FOR, OR ANY OBLIGATION TO MONITOR, THE CONTENT OF SUCH LINKED INTERNET SITES. THE INCLUSION OF ANY LINK DOES NOT IMPLY A RECOMMENDATION OR ENDORSEMENT BY VVF OF THE LINKED SITE. VVF EXPRESSLY DISCLAIMS ANY AND ALL GUARANTEES, REPRESENTATIONS AND WARRANTIES PERTAINING TO THE CONTENT, ACCURACY, VALUE, COMPLETENESS, OR QUALITY OF ANY INFORMATION, MATERIALS OR PRODUCTS ON SUCH LINKED SITES.
F. NO WARRANTIES; RESULTS NOT GUARANTEED
1. Disclaimer of Warranties. ALL CONTENT, INFORMATION, PRODUCTS AND SERVICES ON OUR PLATFORMS AND IN OUR PRODUCTS ARE PROVIDED TO YOU FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY, AND ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VVF MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH OUR PLATFORMS OR PRODUCTS, OR REGARDING THE TIMELINESS OF TRANSMISSION OF INFORMATION BETWEEN ANY USERS OF THIS WEBSITE, OR BETWEEN USERS AND VVF. VERIFYING THE ACCURACY OF, OR THE USE OR RELIANCE ON, ANY OF THE INFORMATION CONTAINED IN ON OUR PLATFORMS AND PRODUCTS IS THE SOLE RESPONSIBILITY OF YOU AS USER OF THE PLATFORMS AND PRODUCTS. VVF MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF OUR PRODUCTS AND PLATFORMS WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT AND PRODUCTS YOU MAY OBTAIN FROM OUR PLATFORMS IS FREE OF VIRUSES.
2. Results Not Guaranteed. We may share the successful results users of VVF and our Platforms, and customers of the Products. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results of any kind. By accessing the Platforms and Products, you acknowledge and agree that you are solely responsible for your own actions that you may take by participating in the Platforms or using our Products. We do not guarantee that you will get any results using any content on our Platforms, and nothing in our Platforms and Products is a guarantee or warranty of any results.
3. Testimonials. Our Platforms and Products contain or refer to testimonials, reviews, case studies or other feedback from others about our Platforms and Products. The results obtained by these users and customers are not necessarily typical and are not a guarantee of the types of results you can achieve by using the information and materials in our Platforms and Products.
G. DISCLAIMER
YOU ALONE ARE RESPONSIBLE AND ACCOUNTABLE FOR YOUR DECISIONS, ACTIONS AND RESULTS, AND BY YOUR INTERACTION WITH OUR PLATFORMS YOU AGREE NOT TO ATTEMPT TO HOLD VVF LIABLE FOR YOUR DECISIONS, ACTIONS OR RESULTS, AT ANY TIME, UNDER ANY CIRCUMSTANCE. VVF IS NOT GUARANTEEING THAT YOUR BUSINESS WILL BE IN COMPLIANCE WITH ANY GOVERNMENTAL REGULATION (WHETHER U.S. OR FOREIGN) AS A RESULT OF FOLLOWING ANY INFORMATION CONTAINED IN ANY CONTENT ON THE PLATFORMS OR IN ANY PRODUCT AVAILABLE FOR DOWNLOAD ON THE PLATFORMS. INFORMATION CONTAINED ON THE PLATFORMS AND THE PRODUCTS IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO TREAT OR DIAGNOSE ANY HEALTH INDICATION OR DISEASE, OR TO ENSURE THAT YOUR LABORATORIES OR FACILITIES ARE STERILE OR FUNCTIONING PROPERLY.
H. LIMITATION OF LIABILITY; INDEMNIFICATION
1. LIMITATION OF LIABILITY. VVF SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF OUR PLATFORMS AND PRODUCTS EVEN IF VVF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH USE OF OUR PLATFORMS OR PRODUCTS, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER OR BETWEEN USERS, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO OUR PLATFORMS OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO OUR PLATFORMS, PRODUCTS OR RELATED INFORMATION. THIS LIMITATION OF LIABILITY IS AN ESSENTIAL BASIS OF OUR ABILITY TO PROVIDE YOU THE INFORMATION, CONTENT AND PRODUCTS AVAILABLE ON OUR PLATFORMS, AND SUCH LIMITATION OF LIABILITY SHALL APPLY EVEN IF ALL OTHER REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
2. Indemnification. You agree to defend, indemnify and hold harmless VVF, and any of our affiliates and respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of your use of the Platforms. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section H.2. In such event, you shall provide us with such cooperation as is reasonably requested by us.
I. EMAIL AND ELECTRONIC TRANSMISSION OF INFORMATION
You understand that the Internet is public and that e-mail communications and electronic transmission of information between you and VVF, or between you and any other user via our Platforms are subject to the risk of being viewed by other parties. Accordingly, you agree not to transmit confidential or proprietary information relating to you or your business to VVF or to other users via e-mail.
J. GOVERNING LAW AND GENERAL PROVISIONS
1. Location of Operations. This Website is operated from the State of Florida within the United States of America. VVF makes no representation that the information in the Platforms or Products is appropriate or available for use in other locations, and access to the Platforms and Products from territories where the contents of the Platforms or Products may be illegal is prohibited. Those who choose to access the Platforms and Products from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
2. Disputes, Arbitration. If there is any dispute between you and VVF, you acknowledge and agree that we shall first attempt to resolve the dispute between us. If the dispute is not resolved within thirty (30) calendar days, you agree to resolve the dispute through binding arbitration located in the State of Florida, pursuant to the rules of the American Arbitration Association. The judgment for the award determined by the arbitrator may be entered in any court having jurisdiction. Costs of arbitration, including attorney fees, will be determined by the arbitrator. Notwithstanding the foregoing, in the event that you breach, or threaten to breach, Sections B, C or D of these Terms of Service, VVF shall have the right to immediate relief in a court of law or equity (including by ex parte methods, and including the award of our reasonable attorneys’ fees, costs and expenses) without the necessity for posting bond and without first resorting to arbitration.
3. Governing Law. Any claims relating to the Platforms and Products will be governed by the laws of the State of Florida in the United States, excluding the application of its conflicts of law rules. You irrevocably consent to jurisdiction and venue in the State of Florida.
4. Severability. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
5. No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
6. Entire Agreement. These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof. Notwithstanding the foregoing, VVF may post supplemental terms and conditions regarding privacy and user information on this Website, which shall become binding upon automatically users if and when such additional terms and conditions are posted.
7. Assignment. You may not assign, license, sublicense, transfer or otherwise convey these Terms of Services and/or your rights to use the Platforms or Products to any third party without the prior written consent of VVF, which may be withheld in our sole and absolute discretion. Any attempted assignment, license, transfer or conveyance is void and not enforceable. Notwithstanding the foregoing, VVF may assign, license, sublicense, transfer or convey its rights and obligations to the Platforms, Products and under these Terms of Service to any party at any time without notice to you.
8. Relationship of the Parties. You acknowledge and agree that there is no partnership, joint venture, employment, contractor agency relationship between you and VVF as a result of you using the Platforms or purchasing the Products. No individual professional relationship of any kind is formed between you and VVF as a result of using the Platforms or purchasing the Products. In order for any individual professional relationship to be formed, you would need to enter into a separate written engagement agreement with VVF, wherein both you and VVF agree to the scope of the representation.
9. Changes to Terms of Service. We may change these Terms of Service from time to time, without prior notice. If we make changes, we will notify you by revising the date at the top of this Terms of Service. We encourage you to review the Terms of Service whenever you interact with us to stay informed. Your continued use of the Platforms or Products after the revised Terms of Service has become effective indicates that you have read, understood and agreed to the current version of the Terms of Service.
K. CONTACT US
You may contact us via email at [email protected] with any questions or comments about the Terms of Service. We typically respond to emails only during our regular business hours Monday through Friday, and we will use commercially reasonable efforts to respond as promptly as possible during such time.
