SECTION 1 – ACCEPTANCE OF TERMS AND CONDITIONS
Use of this website is conditioned upon your acceptance of the Terms & Conditions contained herein, as the same may be amended from time to time. All users of this website hereby understand and agree that their use of such website constitutes acceptance of the Terms & Conditions. VNDA reserves the right to modify the Terms & Conditions at any time without prior notice. If you do not agree to these Terms, you may not use this website.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or you have parental consent to use this website subject to these Terms. By using the website you also represent that you are at least 13 years old. VNDA does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personal information to us and any information submitted by such users will not knowingly be used by us.
SECTION 2 – TERMS OF PURCHASE
Certain products may be available exclusively online through the website. All products may have limited quantities and are subject to return or exchange only according to our Return Policy. Color accuracy on the website cannot be guaranteed, and will vary depending on the resolution and screen type of your computer.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We reserve the right to refuse any order placed with us and, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We may exercise these rights on a case-by-case basis.
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 3 – PROHIBITED USE
Any use of this website for an illegal or objectionable purpose is strictly prohibited. You agree that you will not use this website to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. By using this site, you agree that any and all information transmitted to or with the use of this site cannot and shall not be deemed confidential or proprietary. We reserve the right to monitor transmissions and investigate any alleged prohibited use of this website and to disclose any and all information relating to such prohibited use. VNDA, its officers, directors, affiliates, employees, agents, partners, members, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual’s illegal or prohibited use of this website. Any violation of this or any other section contained herein may result in termination of service and/or any other action we determine to be appropriate under the circumstances.
SECTION 4 – MODIFICATIONS
This website may contain typographical errors or technical inaccuracies. VNDA reserves the right to modify the content of this website at any time without prior notice, including prices for our products (including corrections to erroneous pricing discovered after an order is placed). We reserve the right at any time to modify or discontinue the site (or any part or content thereof) without notice at any time.
VNDA’s failure to enforce any section of these Terms & Conditions shall not be construed as a waiver of such provision.
SECTION 5 – INTELLECTUAL PROPERTY
This website contains trademarks, trade names, trade dress, designs, copyrights, and/or logos belonging to VNDA (“Intellectual Property”). Such Intellectual Property remains the property of VNDA. You recognize and acknowledge VNDA’s ownership of the Intellectual Property and understand that you do not acquire, through use of this website, any right, title, or interest in the Intellectual Property. You agree not to change, modify, and/or exploit the Intellectual Property, nor participate in any activity that modifies and/or exploits such Intellectual Property. All rights to the Intellectual Property are reserved. Any use of the Intellectual Property without VNDA’s expressed written authorization is strictly prohibited.
SECTION 6 – THIRD-PARTY RELATIONSHIPS
This website may contain links to other sites. These links are provided merely to assist the user. These sites are independent of VNDA’s site, and we do not and cannot control the content and/or representations of such sites. The information presented via these links may not necessarily reflect beliefs held by VNDA. The inclusion of a link does not mean that we accept or endorse any of the content contained in such site. The user is responsible to protect himself/herself while associating with the linked site. VNDA, and its officers, directors, affiliates, employees, agents, partners, members, subsidiaries and/or contractors disclaim any and all responsibility or liability for content contained on such linked sites and will not be held accountable for any damages, of any kind, incurred by those who visit such sites.
SECTION 7 – SEVERABILITY
If one or more of the provisions contained in these terms and conditions are held to be unenforceable under applicable law, such provision shall be appropriately limited in its scope. If any such limitation is not feasible, such provision shall be excluded from these Terms & Conditions and the balance of these Terms & Conditions shall be enforceable.
SECTION 8 – WARRANTIES & LIMITATION OF LIABILITY
VNDA DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL VNDA BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARISING FROM THIS WEBSITE WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED.
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.
SECTION 9 – FORCE MAJEURE
Notwithstanding any other provision set forth in these Terms & Conditions, VNDA shall not be liable for any failure or delay in its performance due to any cause beyond our reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that VNDA shall attempt to correct promptly such failure or delay in performance to the extent practicable and consistent with then applicable law and regulatory requirements.
SECTION 10 – INDEMNIFICATION
You hereby agree to indemnify, defend, and hold harmless, VNDA, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners, members, and subsidiaries from and against all claims, actions, suits, demands, costs, and damages (including reasonable attorney’s fees) asserted by any third party as a result of your use of this website. VNDA has the right to control any defense pertaining to this section.
SECTION 11 – RELATIONSHIP
Nothing in this Agreement is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between the parties, and neither party shall have the right or authority to act for or on behalf of the other party.
SECTION 12 – GOVERNING LAW
These Terms & Conditions shall be governed by, construed, and enforced in accordance with the laws of California, United States of America, without regard to any choice of law principles.
SECTION 13 – JURISDICTION
You hereby agree and irrevocably consent to submit to the exclusive jurisdiction and venue of the courts of San Diego County, California, for any and all claims arising from the use of this website.
SECTION 14 – ENTIRE AGREEMENT
These Terms & Conditions constitute the full and entire understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to the subject matter.