VETERINARY TEAM TRAINING LLC
Terms & Conditions of Service
Thank you for visiting the website of Veterinary Team Training LLC, a Massachusetts limited liability company (“VTT”) d/b/a VTT. These Terms of Service apply to all VTT® websites (https://www.vetteamtraining.com, education.vetteamtraining.com, www.myVTT.com), related mobile websites, microsites, mobile applications, VTT profiles on social media sites (www.facebook.com/vetteamtraining and other social mediate sites) and any other digital services or properties operated or used by VTT (collectively referred to as the “Sites”).
VTT (“our”, “us” or “we”) provides educational information, training, and resources to veterinary professionals (the “Information”). All Information should be used for information purposes only.
VTT does not provide medical advice or medical services. YOU SHOULD NOT RELY ON INFORMATION FROM THE SITES AND THE SERVICES AND PRODUCTS THEREIN IN PLACE OF PEFORMING YOUR OWN MEDICAL RESEARCH, VERIFYING ALL INFORMATION AGAINST VETERINARY LITERATURE, AND/OR SEEKING PROFESSIONAL ADVICE AND ASSISTANCE. YOU ARE RESPONSIBLE FOR CONFIRMING ALL MEDICAL INFORMATION SUCH AS DRUG DOSES AND MEDICAL ACCURACY AGAINST VETERINARY LITERATURE AS NEEDED.
1. These terms. These are terms and conditions (the “Terms”) controlling the use of our Site through which we supply services and digital content to you including via paid subscriptions and individual product payments. Please read these terms carefully. These terms tell you who we are, how we will provide products and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. You understand that by using our Site, you agree to these terms.
IF YOU DON’T AGREE WITH ANY PROVISION OF THESE TERMS, YOU SHOULD NOT ACCESS THE SITE AND DISCONTINUE USE IMMEDIATELY. BY USING THE SITE, YOU AGREE TO THESE TERMS.
2. Information about us and how to contact us.
2.1 Who we are. Veterinary Team Training LLC is a Massachusetts limited liability company and operator of the “Sites. VTT provides its customer users (“Clients” or “you” or “Client User” or “Users”) with educational information and resources as well as subscription access to Services which includes training and Continuing Education Content (“CE Content”). You acknowledge and agree that VTT does not provide medical advice or medical services. Everything we offer on and through the Sites to you including subscription access to CE Content shall be collectively referred to herein as the “Services”.
2.2 How to contact us. You can contact our customer service team by emailing us at email@example.com.
2.3 How we may contact you. If we have to contact you, we will do so by email, telephone or mail. We will not sell your information to any third-party companies or individuals.
3. OUR CONTRACT WITH YOU.
Please note that we offer the Site "AS IS" and “AS AVAILABLE” without warranties. If you are registering an account or using the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms on such individual's or entity's behalf.
VTT and its Website is directed towards adult users, over the age of 18. If you or your child are not over the age of 18 then it is required to cease use of the Website.
3.2.1 Technical Support. VTT offers limited technical support.
3.2.2 Term, Price and Payment. Your access to the Services commences when you visit our Site or purchase any products or services from us. VTT uses a third-party payment processer and does not have access to your payment information and does not store details of client payments.
In order for us to provide Services to you, you authorize us to use any information you provide to us and authorize us to disclose such information to representatives of ours who in our sole discretion are necessary for us to render the Services to you.
3.3 Expectations. You acknowledge and agree that in providing the Services, VTT (i) does not make any representations or warranties including without limitation any representations or warranties of accuracy or completeness with respect to any content for which we provide You access including without limitation any video tutorials, webinars, process documents and templates, or (ii) does not make any representations or warranties regarding any party including any other User or third-party partner with whom you choose to communicate with or transact business with through the Site. You are solely responsible for activity that occurs as a result of using the Site.
3.4 Your Responsibilities. You are solely responsible for the activity that occurs while using the Site. You may be asked to create a personalized account which could include a unique username and a password to access the Services and to receive messages from VTT. You will be responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and subscription and any other actions taken in connection with the account or subscription. VTT will not be responsible for any liabilities, losses, or damages arising from your or the unauthorized use of your computer (or any computer) or your account or your subscription or your use of the Site.
3.5 Your Use and Restrictions. You are responsible for all use of the Site and for all use of your credentials, if applicable, including use by others to whom you give your credentials. You may use the Site and the Services for lawful purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to use your credentials to): copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services; remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services; use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services; reformat or frame any portion of the web pages that are part of the Site and/or the Services; create user accounts by automated means or under false or fraudulent pretenses; collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or use any means, including software means, to conduct web scraping of any portion of the Site, its content or materials and/or the Services.
You are responsible for all software, hardware, services (such as Internet service), and other equipment necessary to access and use the Website, including all related expenses, if any. By accessing the Website, you acknowledge and agree that you are solely and exclusively responsible for protecting your own computer, device, and software in any and all respects.
User shall not utilize the Content in connection with the development or maintenance of any third-party presentation, training program, product or application or permit any third party to do so without the express written permission of VTT.
VTT has the right, but not the obligation, at any time and with any frequency in its discretion, to audit your use of the Website or Services to determine your compliance with these Terms. VTT has the right to enforce these Terms, for any reason and in any manner or by any means that VTT, in its sole discretion, deems necessary or appropriate. VTT may, in its sole discretion, start, stop, or modify any regulation or enforcement measures at any time. VTT’s action or inaction to regulate content or conduct or to enforce any potential or actual violation of these Terms by any user does not waive VTT’s right to implement regulation or enforcement measures with respect to any subsequent or similar content, conduct, or potential or actual violation of these Terms.
3.6 Indemnification. You agree that VTT is not responsible for any harm that this Site or the Service may cause. Upon request by us, you agree to indemnify, defend and hold us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, vendors, contractors, agents, successors, and assigns harmless from and against any and all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms or any intellectual property or other right of any person or entity, by you or any third party using your credentials.
3.7 Data. VTT is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons. We also reserve the right to deny service to offenders of these guidelines and to terminate or deny service to anyone for any reason or no reason.
3.8 Electronic Notices and Agreements. Your visitation to the Site, use of this Site and/or Services, or registering for the Site or the Services constitutes your electronic signature to these Terms, which includes our Privacy and Cookie Policies, and your consent to enter into agreements with us.
3.9 Changes. We may change these Terms at any time, as we reasonably deem appropriate. Upon any change in these Terms, we will post the amended agreement on the Site and the date such amended agreement is effective. Your continued visitation to or use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms, the modification, and agreement to abide and be bound by the Terms, as amended. If at any time you choose not to accept these Terms, including following any such modifications hereto, then you may not use the Site.
3.10 Copyright and Limited Use. The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by VTT®, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. VTT reserves the right to enforce its intellectual property rights worldwide. Users shall devote their best efforts, consistent with the practices and procedures under which it protects its own most valuable proprietary information and materials, to protect the CE Content against any unauthorized or unlawful use or copying.
These Terms permit you to use the Site and the Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any portion of our Site, except as follows:
You may store files that are automatically cached by your web browser for display enhancement purposes.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this Site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
If you wish to make any use of material on the Site other than that set out in this section, please address your request to: firstname.lastname@example.org
If you provide any other person with access to any part of the Site or Services in breach of the Terms, your right to use the Site and the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. All rights to the Site and the Services not expressly granted are reserved by VTT. Any use of the Site or the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Sharing of accounts is against the Terms and subject to immediate cancellation of account without refund. Individual accounts are for that individual only. Team accounts are for a set number of members on a specific team. Any unauthorized use of the Website or other breach of these Terms and Conditions automatically terminates the rights granted to you herein. Any such breach may also constitute a violation of VTT and/or its licensors’ copyrights, trademark rights, or other intellectual property or proprietary rights.
Pursuant to the Digital Millennium Copyright Act, VTT designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
Name: Amy Newfield
Title: Owner, Veterinary Team Training
By Email: email@example.com
By Phone: 978-558-0012
3.11 Trademarks. VTT’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of VTT or its affiliates or licensors. You must not use such marks without the prior written permission of VTT. All other names, logos, product, and service names, designs and slogans on this Site are the trademarks of their respective owners.
3.12 Links from the Site. If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, educational materials, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
4. Pricing, Continuing Education, Subscription Terms
4.1 Pricing. All pricing information on the Website is correct at the time of purchase. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary. All prices on the Website do not include VAT. In accordance with HM Revenue & Customs VAT Notice 700/1 (February 2014) and supplements thereof, VTT is not yet liable for VAT and therefore not VAT registered and does not possess a VAT number.
4.2 Services Refund Policy. Some part of the Website is free to access and use. The following applies to your subscription to, and/or use of, the Services offered through the Website that is paid for by any fee. The Services offered through VTT are educational resources designed for use as training tools for veterinary professionals. Since we provide a wide variety of Services and pricing, we do not offer refunds on all-access yearly subscriptions unless you terminate your subscription within forty-eight (48) hours after you sign up for your subscription. Please note that cancellation of any Services subscription is effective immediately and you will lose access to any certificates, products, or education you may have completed or started on the Website.
We do not offer any refund for pay per course products/courses. If you have paid for an individual course (rather than a subscription fee) you are not entitled to any refund at any time. In addition to the policy above and any applicable Terms in the Subscription Agreement, you acknowledge and agree that all sales of RACE-approved continuing education lectures, all-access yearly subscriptions and all other paid services through the Website or Services are final.
Please note that we do not bear any responsibility, and, therefore, we do not satisfy any refund/return/exchange requests for any content due to incompatibility of our products with third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions, etc.) or dissatisfaction. Due to the frequency with which technologies change, we do not guarantee that our product offerings are fully compatible with any third-party programs, and we do not provide support for third-party applications. We cannot and do not guarantee that we will be able to resolve any technical difficulties you may experience.
4.3. Continuing Education (CE) Programs. Some CE programs offered by VTT are certified by the Registry of Approved Continuing Education (“RACE”). These are denoted as “RACE Approved” and will list how many hours the CE is approved for. VTT cannot guarantee your satisfactory completion of any CE course or that you will be granted CE credit for having completed a course. It is your responsibility to verify and track its CE completion status and eligibility for credit. Typically, a certificate for completion of CE programs will be provided to you if you successfully complete a RACE approved CE course. Besides watching, listening, and engaging with all materials provided for the course, the Users must (a) successfully complete an online quiz for each CE program (with a score of at least 80% correct); and (b) certify that you are the person who actually took the quiz. It is your responsibility to save and keep track of all CE you have completed on the VTT Sites.
4.4. Subscription Renewal. VTT may offer continuous service program which will decrease the hassle out of renewing your subscription. Continuous service programs avoid service interruption by automatically renewing your subscription at the current rate. Your renewal will guarantee uninterrupted service until the new expiration date of your renewed subscription. If the user is using an automatic renewal service and would like to cancel their renewal, they must do so within their account dashboard. Once renewed the refund and cancellation policy will be subject to the Terms found here within.
VTT has the right to change CE programs on its Sites whenever, without notice to its Users. This many include offering more, less, different, new, or previously used content. The VTT Sites will constantly be changing and Users should be aware that CE programs are included in that change.
5. OTHER TERMS
5.1 No Warranty. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site and Services for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER VTT NOR ANY PERSON ASSOCIATED WITH VTT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER VTT NOR ANYONE ASSOCIATED WITH VTT REPRESENTS OR WARRANTS THAT ITS SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVICES OR THE SERVER THAT MAKES THESE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE ITEM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
VTT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
5.2 Limitation on Liability
IN NO EVENT WILL VTT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABLITY OF VTT AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO VTT FOR THE LAST TWELVE (12) MONTHS OUT OF WHICH LIABLITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
5.3 User Contributions. VTT may utilize message boards, chat rooms, email, social medial websites, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users including subscribers to post, submit, publish, display or transmit to other users, directly to VTT or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site.
All User Contributions must comply with the Content Standards set out in these Terms of Service.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings. You hereby assign to VTT on your behalf, and on behalf of the entity you represent and its employees, and contractors, all rights, titles, and interests in and to any User Contribution. VTT is free to use, without any attribution or compensation to you, or the entity you represent, or any other party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in such User Contribution, for any purpose whatsoever, although VTT is not required to use any User Contribution.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not VTT, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.
5.4 Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for VTT.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site or the Services.
Terminate or suspend your access to all or part of the Site or the Services for any or no reason, including without limitation, any violation of these Terms of Service.
VTT may, in its sole discretion, terminate your account, and remove and discard any of your content at any time, without notice, for any reason. We will not be liable to you or any third party for any termination of your access to the Website or Services.
No notice shall be required from VTT to give effect to any such termination.
You may also delete or disable your account at any time which can be found on your profile page of the education.vetteamtraining.com website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS VTT AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY VTT DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER VTT OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
5.5 Content Standards. These content standards (the “Content Standards”) apply to any and all User Contributions and use of Interactive Services and all Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws, and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
5.6 Copyright Infringement. If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement. It is the policy of VTT to terminate the user accounts of repeat infringers.
5.7 Reliance on Information Posted. You agree to defend, indemnify and hold harmless VTT, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Site or the Services, including, but not limited to, your User Contributions, any use of the Site or the Service other than as expressly authorized in these Terms of Service.
5.8 Governing Law and Jurisdiction. All matters arising out of or relating to these Terms shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule. Each of Licensor and Licensee hereby agree that any dispute or controversy arising out of or in connection with these Terms or any agreement incorporated herein by reference or any alleged breach hereof, if not settled amicably by the parties through a prior good faith negotiation within 10 days from the date of written notice of breach shall be submitted exclusively to binding arbitration at the American Arbitration Association (“AAA”) in Worcester Massachusetts, before a single arbitrator to be chosen pursuant to the commercial arbitration rules of the AAA on or before ten (10) days from a written demand for arbitration delivered pursuant to the terms of these Terms. AAA shall appoint the arbitrator if the parties are unable to timely agree upon an arbitrator. The parties shall be entitled to conduct only such discovery that the arbitrator determines is reasonable under the circumstances. All arbitration proceedings shall be closed to the public and confidential except as necessary to enforce subpoenas and obtain court confirmation for the arbitration award. The arbitrator shall have the power to enter temporary restraining orders and preliminary and permanent injunctive relief and to allocate costs as equitably under the circumstances. The arbitrator’s award and any order for preliminary or permanent injunctive relief may be enforced by a petition for confirmation and enforcement of the award in a court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties unless there are statutory grounds to seek vacation of the award under M.G.L. c. 150C §11, and the judgment of a court of competent jurisdiction may be entered thereon.
YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST VTT AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT YOU ARE PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST VTT, YOU AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION OF THESE TERMS); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION; AND (III) FOR ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE OR SERVICES, OR THE INFORMATION CONTAINED THEREON, IS LIMITED TO $100.00.
5.9 Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
5.10 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
5.11 Waiver and Severability. No waiver by VTT of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of VTT to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
5.12. Entire Agreement. The Terms and the documents referenced herein constitute the sole and entire agreement between you and VTT with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site or the Services.
6. Use of Websites and Content outside of the United States.
VTT makes no claims regarding access or use of the Sites or the VTT Content outside of the United States. If you use or access the Sites or the VTT Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction as well as these Terms and Conditions.
© 2023 VTT. All rights reserved. This document was last updated on February 27, 2023