Terms of service
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Terms of Service
These Terms of Service (the “Terms”) govern your access to and use of the website located at carvial.co (the “Site”) and any services, features, content, applications or products offered by VIAL (“we”, “us”, or “VIAL”).
ACCEPTANCE OF TERMS
By registering for and/or using the Site or any services in any manner (including but not limited to browsing, posting, purchasing, subscribing), you agree to these Terms and all other operating rules, policies and procedures that may be published from time to time on the Site and that are incorporated by reference. If you do not agree, you may not access or use the Site or the services.
ELIGIBILITY
You represent and warrant that you are at least 13 years of age. If you are under 13, you may not use or access the Site. We may, in our sole discretion, refuse to offer the services to any person or entity and change eligibility criteria at any time.
You are solely responsible for ensuring compliance with all applicable laws, rules and regulations. Use of the services is void where prohibited.
REGISTRATION
In order to access certain features of the Site or purchase/subscribe you may need to create an account (“Account”). You must provide accurate and complete information, keep your account information current, and maintain the security of your password. You are solely responsible for activity that occurs under your Account. You shall notify us immediately of any unauthorized use of your Account or any other breach of security.
You may never use another person’s user account without permission. You may delete your account, or request that we delete it in accordance with our policies.
USER LICENSE / USE RESTRICTIONS
Subject to your compliance with these Terms, VIAL grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and the Content (defined below) solely for your personal, non-commercial use.
You shall not:
- copy, modify, reproduce, publicly display or distribute the Site or the Content except as expressly permitted;
- remove any copyright, trademark or other proprietary notices from any of the Content;
- attempt to disable or circumvent any security features of the Site;
- use any robot, spider, scraper, deep-link or other automated device to access, monitor or copy the Site or Content;
- use the Site or Content for any illegal, unauthorized or commercial purpose;
- reverse-engineer, decompile, disassemble or otherwise attempt to derive source code of any software used in connection with the Site.
If you breach any of these Terms, your license will automatically terminate without notice.
CONTENT
“Content” means all information, text, photographs, images, videos, audio, graphics, software, scripts, interactive features, and other materials made available through the Site. You acknowledge that Content is provided for informational purposes only, on an “as-is” basis, and VIAL makes no representations or warranties as to accuracy, completeness or availability.
We reserve the right to remove, edit or modify any Content in our sole discretion, at any time and for any reason, without notice.
THIRD PARTY SERVICES
The Site may contain links to third-party websites, services or resources and may include third party hosting, payment or shipping services (“Third-Party Services”). You acknowledge and agree that we are not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of any such Third-Party Services. The inclusion of any link does not imply endorsement or association.
PAYMENTS AND BILLING
Some of our services (including purchases, subscriptions, paid programs) require payment of fees (the “Paid Services”). You agree to pay all fees and charges for the Paid Services at the prices and terms then in effect. You authorize us and our payment processors to charge your chosen payment method for all charges due.
Billing / Payment Method: You agree to provide a valid payment method at the time of purchase or subscription. You must update your payment information promptly if it becomes invalid (e.g., expiration, lost card).
Recurring Billing / Auto-Renewal: Some Paid Services are offered on a subscription basis and will automatically renew until you cancel. You authorize recurring charges to the payment method you provided.
Change in Amount Authorized: If the amount to be charged varies from the amount you initially authorized (other than tax), we will provide notice of the amount and date before the charge.
Free Trials / Promotions: If offered, free trials or promotional offers may convert into subscriptions unless canceled. Terms specific to such offers will accompany them.
REFUNDS
Unless otherwise stated, all fees paid are non-refundable. See our separate Shipping & Returns / Refund Policy for details applicable to product purchases and perishable goods.
TERMINATION
We may terminate or suspend your access to all or any part of the Site or services at any time, with or without cause, with or without notice, effective immediately. You may also cancel your Account in accordance with our policies. Upon termination, all rights granted to you under these Terms will automatically terminate.
All provisions which by their nature should survive termination (such as ownership, warranty disclaimers, indemnification and limitation of liability) will survive.
WARRANTY DISCLAIMER
THE SITE, CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. VIAL DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless VIAL, its officers, directors, employees, agents, successors and assigns from and against any claims, losses, liabilities, damages, costs (including reasonable attorneys’ fees) arising out of or relating to your use of the Site or services, your violation of these Terms, or your violation of any rights of another party.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VIAL OR ITS AFFILIATES OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITE OR SERVICES.
IN ADDITION, VIAL’S AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SITE OR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO VIAL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
ARBITRATION & CLASS ACTION WAIVER
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION. YOU AND VIAL AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN ANY CLASS ACTION OR CLASS-WIDE ARBITRATION.
If the arbitration provision is found unenforceable, the remainder of the dispute resolution provisions will remain in effect.
GOVERNING LAW & JURISDICTION
These Terms and any dispute arising out of or relating to them or the Site shall be governed by the laws of the State of Illinois, without regard to its conflicts-of-laws principles. Subject to the arbitration clause above, you and VIAL agree to submit to the exclusive jurisdiction and venue of the state or federal courts located in Cook County, Illinois.
MODIFICATION
We reserve the right in our sole discretion to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice before new terms take effect. Your continued use of the Site after the effective date of the revised Terms constitutes your acceptance of the revisions.
MISCELLANEOUS
- Entire Agreement: These Terms (together with any additional terms you agree to) constitute the entire agreement between you and VIAL relating to the Site and supersede all prior or contemporaneous communications, proposals, or agreements, whether oral, written or electronic.
- Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision shall be deemed modified to the minimum extent necessary and the remaining provisions shall remain in full force and effect.
- No Waiver: Our failure to enforce any right or provision under these Terms shall not be deemed a waiver of such right or provision.
- Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer ours without your consent.
- No Third-Party Beneficiaries: These Terms are for our benefit and yours. No other person shall have any rights under these Terms.
- Force Majeure: We will not be liable for any delay or failure in performance due to causes beyond our reasonable control such as acts of God, war, terrorism, pandemics, governmental order, failures of telecommunications or internet infrastructure, or other force majeure events.
- Headings: Section titles are for convenience only and have no legal effect.
CONTACT
If you have any questions about these Terms, please contact us at support@carvial.co.