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Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://virasafeav.com website and the ViraSafeAV Family of Products (together, or individually, the “Service”) operated by ViraSafeAV (“us”, “we”, or “our”).
Your access to and use of the Service is subject to your agreement with and adherence to these Terms. These Terms apply to all visitors, users, and anyone who wants to access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you are not authorized to access the Service.
If you want to buy any product or service offered through the Service ("Purchase"), you may be required to provide certain information related to your Purchase, such as your credit card number, its expiration date, your billing address, and your shipping details.
You confirm and guarantee that: (i) you are legally authorized to use any credit card(s) or other payment method(s) in connection to any Purchase; and (ii) the information you provide to us is accurate, truthful, and complete.
The Service may use third-party services to facilitate payments and complete Purchases. By providing your information, you authorize us to share it with these third parties in accordance with our Privacy Policy.
We retain the right to decline or cancel your order at any time for various reasons, including but not limited to product or service availability, inaccuracies in the product or service description or pricing, errors in your order, or other factors.
We reserve the right to reject or cancel your order if we suspect fraud, or detect any unauthorized or illegal transaction.
We regularly update the products and services offered through the Service. However, there may be delays in updating the information on the Service and in our advertisements on other websites. The information available on the Service may include errors, inaccuracies, or be incomplete or out of date. Products or services could be incorrectly priced, inaccurately described, or unavailable, and we cannot guarantee the accuracy or completeness of any information provided on the Service.
As a result, we reserve the right to modify or update information, as well as correct any errors, inaccuracies, or omissions at any time without prior notice.
The Service, along with its unique content, features, and functions, are and will continue to be the sole property of ViraSafeAV and its licensors. The Service is safeguarded by copyright, trademark, and various other laws in both the United States and other countries. Our trademarks and trade dress may not be utilized in relation to any product or service without prior written approval from ViraSafeAV.
Our Service may contain links to third party web sites or services that are not owned, controlled, or operated by ViraSafeAV.
ViraSafeAV has no control over and takes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We make no guarantees regarding the products, services, or offerings of these entities, individuals, or their websites.
You acknowledge and agree that ViraSafeAV will not be responsible or liable, either directly or indirectly, for any damage or loss that results from or is claimed to result from the use of or reliance on any content, goods, or services available on or through any third-party websites or services.
We highly recommend that you review the terms and conditions and privacy policies of any third-party websites or services you access.
We reserve the right to immediately revoke or suspend your access to the Service at any time, without advance notice or responsibility, at our sole discretion, for any reason, including but not limited to violations of these Terms.
All sections of the Terms that are intended to remain in effect after termination will continue to apply, including but not limited to clauses related to ownership, warranty disclaimers, indemnification, and limitations of liability.
You agree to indemnify, defend and hold the Company, its owners, and each of its respective officers, partners, members, employees, agents and attorneys, and affiliates (each a "Covered Party"), harmless against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys' fees, administrative costs and/or settlement costs) arising from Your breach of this Agreement and/or Your use of the Web Site, the Services and/or Your Account, in any manner whatsoever.
Under no circumstances shall ViraSafeAV, along with its directors, employees, partners, agents, suppliers, or affiliates, be responsible for any indirect, incidental, special, consequential, or punitive damages. This includes, without limitation, loss of profits, data, usage, goodwill, or other intangible losses resulting from (i) your use of or inability to use the Service; (ii) any actions or content by third parties on the Service; (iii) any content accessed through the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content. This applies whether the claim is based on warranty, contract, tort (including negligence), or any other legal basis, regardless of whether we were notified of the potential for such damages, and even if any remedy provided fails to achieve its essential purpose.
Your use of the Service is entirely at your own risk. The Service is offered on an "AS IS" and "AS AVAILABLE" basis, without any guarantees or warranties, whether express or implied. This includes, but is not limited to, implied warranties of merchantability, suitability for a specific purpose, non-infringement, or performance standards.
ViraSafeAV, along with its subsidiaries, affiliates, and licensors, makes no guarantees that: a) the Service will operate without interruption, securely, or be accessible at any specific time or location; b) any errors or defects will be fixed; c) the Service is free from viruses or other harmful elements; or d) the outcomes of using the Service will meet your expectations.
Certain jurisdictions do not permit the exclusion of specific warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
These Terms will be governed and interpreted in accordance with the laws of Pennsylvania, United States, without reference to its conflict of law rules.
Our decision not to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any part of these Terms is deemed invalid or unenforceable by a court, the rest of the Terms will still be in full effect. These Terms represent the complete agreement between us concerning the Service and override any previous agreements we may have had regarding the Service.
We reserve the right to change or update these Terms at any time, at our sole discretion. If a significant change is made, we will provide at least 30 days' notice before the new terms come into effect. What qualifies as a significant change will be determined solely by us.
By continuing to use or access our Service after the revisions are enforced, you agree to be bound by the updated terms. If you do not accept the new terms, you are no longer permitted to use the Service.
ViraSafeAV gathers, stores, manages, and shares information about you in line with its Privacy Policy, which can be found at https://virasafeav.com/privacy-policy . By agreeing to these Terms and Conditions, you acknowledge that you accept and consent to the terms outlined in our Privacy Policy.
PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ALL DISPUTES MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR'S DECISION WILL GENERALLY BE FINAL AND BINDING. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.
Any claim, dispute or controversy between You and the Company, ViraSafeAV™ and any of our affiliates (or made by or against anyone connected with You or Company, or claiming through You or Company) arising from or relating to ViraSafeAV™ (“Claim”), including Claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA") then in effect, subject to this Agreement. Any Claim regarding the validity or enforceability of this arbitration provision shall be governed by the laws of the Commonwealth of Pennsylvania without giving effect to the choice of law provisions thereof. This arbitration provision is made pursuant to a transaction involving interstate commerce and, in all other respects, including the determination of any questions about whether Claims are within the scope of this arbitration provision and therefore subject to arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1-16 ("FAA"), and shall be resolved by interpreting the arbitration provision in the broadest way the law will allow it to be construed. All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, You and We retain the right to pursue in a small claims court located in the state or federal judicial district that includes Your billing address at the time of the Claim, any Claim that is within the court's jurisdiction and proceeds on an individual basis. The arbitration shall be conducted before a single arbitrator, applying to the Claims the substantive laws of the Commonwealth of Pennsylvania without giving effect to the choice of law provisions thereof. The arbitrator's authority is limited solely to the Claims between You and the Company alone. The arbitration will not be consolidated with any other arbitration proceeding. You and We do not agree to any arbitration on a class action or representative basis, and the arbitrator shall not be authorized to treat any Claim on a class action or representative basis. If You prevail in the arbitration of any Claim against the Company, We will reimburse You for any fees You paid to the AAA in connection with the arbitration. Any decision rendered will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. Arbitration rules and forms may be obtained from the AAA at www.adr.org. Claims shall be filed in any AAA office. However, any participatory hearing that You attend shall take place in Fayette County, Pennsylvania. This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive termination of Your Account as well as voluntary payment of the debt in full by You or any bankruptcy by You. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration.
IF YOU DO NOT CHOOSE TO ACCEPT THIS BINDING ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING BY REGISTERED MAIL WITHIN TWENTY (20) DAYS AFTER RECEIPT OF THIS "TERMS OF SITE USE." IF YOU SO NOTIFY US BY THAT TIME THAT YOU DO NOT ACCEPT THE BINDING ARBITRATION PROVISION, YOU MAY CONTINUE TO BE A MEMBER FOR THE CURRENT MEMBERSHIP TERM. HOWEVER, IN THAT EVENT, WE SHALL HAVE THE RIGHT NOT TO RENEW YOUR MEMBERSHIP AT THE END OF THE MEMBERSHIP TERM.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the website, the services and/or your account is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The Company’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. You and the Company do not intend that any agency or partnership relationship be created through operation of this Agreement.
You certify that you have read, understand and fully agree to all the Terms and Conditions contained in this Agreement. You also certify that all the data you supplied to the Company is true, accurate and verifiable. You understand that these costs and fees, and any other term associated with your account, may change at any time, in the sole discretion of the Company. You understand that your only recourse to any changes in terms is the cancellation of your account in accordance with this agreement.