PIG FARM INK


Terms & Conditions


  1. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. IF YOU’RE AGREEING TO THESE TERMS OF USE ON BEHALF OF AN ORGANIZATION OR ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO AGREE TO THESE TERMS OF USE ON THAT ORGANIZATION OR ENTITY’S BEHALF AND BIND THEM TO THESE TERMS OF USE (IN WHICH CASE, THE REFERENCES TO “YOU” AND “YOUR” IN THESE TERMS OF USE, EXCEPT FOR IN THIS SENTENCE, REFER TO THAT ORGANIZATION OR ENTITY).

    Terms of Use

    Effective date: January 2015

    Welcome to Pig Farm Ink. Please read on to learn the rules and restrictions that govern your use of our website(s), Products and services (the “Services”).  For specific information about product returns, please visit our Warranty and Returns page. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@pigfarmink.com.

    These Terms of Use (the “Terms”) are a binding contract between you and Pig Farm Ink, llc. (“Pig Farm Ink”, "PFI", “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

    Will these Terms ever change?

    We are constantly trying to improve our Services, so these Terms may change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the pigfarmink.com website.

    If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

    Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

    What are the basics of using pigfarmink.com?

    You may be required to sign up for an account, and select a password and user name (“Company User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Company User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

    You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

    You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.”

    You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

    Use of Your Information

    Pig Farm Ink takes the privacy of its users very seriously. Current PFI Privacy Policy.

    If you create, transmit, submit, display or otherwise make available information while using the Service, you may provide only information that you own or have the right to use. When you provide access to any such information through the Service, you give Vascular Pathways a license to fully use and exploit that information in connection with providing you the Service. However, PFI may only use the information you provide as permitted by the Pig Farm Ink Privacy Policy, and applicable law. Please closely review our Privacy Policy for more information regarding how we use and disclose your personal information. Our Privacy Policy is hereby incorporated into these Terms of Use by this reference.

    Fees and Payment

    Though the use of our website and the Application is currently free, we reserve the right to require payment of fees for certain or all Services. You understand and agree that the purchase of the Product is governed by the Product Terms of Sale. You agree to timely pay all applicable fees in connection with your use of the Service. We reserve the right to change our fees and to institute new charges at any time, with no less than ten (10) days prior notice to you, which may be sent by email or posted on the Service. Your use of the Service following such notification constitutes your acceptance of any new or increased charges.

    Who is responsible for what I see and do on the Services?

    Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.   We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

    Pig Farm Ink may provide links to, or contact information for, third party sites or services. PFI is not responsible for, and does not endorse, any third-party content, sites, or services including, without limitation, any health care providers, products, tests, procedures, services, opinions, or web sites accessed or mentioned on the Service. Use of any third party sites and/or services is solely at your own risk.

    If there is a dispute between participants on this site, or between users and any third party, you agree that PFI is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release PFI, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

    Rules and Conduct

    As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use or other rules or policies implemented by Pig Farm Ink from time to time. The Service (including, without limitation, any Content) is provided only for your own personal, non-commercial use. For purposes of the Terms of Use, the term “Content” includes, without limitation, any information, data, text, photographs, videos, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by PFI or its partners on or through the Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (iv) or impersonates any person or entity, (v) you are not located in a country subject to a U.S. Government embargo or listed on any U.S. Government list of prohibited or restricted parties, or (vi) complies with any applicable third party terms of agreement. Pig Farm Ink reserves the right to remove any Content from the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content, or if PFI is concerned that You may have violated the Terms of Use), or for no reason at all.

    What if I want to stop using pigfarmink.com?

    You’re free to do that at any time, by contacting us at support@pigfarmink.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

    Pig Farm Ink is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. PFI has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

    Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

    Will Pig Farm Ink ever change the Services?

    We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

    What else do I need to know?

    Warranty Disclaimer. Except as expressly provided on our Warranty page, neither Vascular Pathways nor its suppliers:

    (i)                    make any representations or warranties concerning any content contained in or accessed through the Services;

    (ii)                  will be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services;

    (iii)                 make any representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services; and

    (iv)                 provide products or services purchased or offered (whether or not following such recommendations and suggestions) through the Services on anything but on an “AS IS” basis. All such products or services are provided without any warranty of any kind from Vascular Pathways or others (unless provided expressly and unambiguously in writing for a specific product).

     

    EXCEPT AS EXPRESSLY SET FORTH ON THE WARRANTY PAGE, THE SERVICES, INCLUDING PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE AND ANY SOFTWARE CONTAINED THEREIN, ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

     

    Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL PFI OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

    Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Pig Farm Ink, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

    Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without PFI's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

    Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of Florida, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Collier County, Florida, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Collier County, Florida, or the Middle District of Florida.

    Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Company may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and PFI agree that these Terms are the complete and exclusive statement of the mutual understanding between you and PFI, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind PFI in any respect whatsoever.