Last Updated: January 1, 2020 

Welcome to VMD Agro (“VMD”), an aquaponics general information site providing related advisory services. VMD is created, owned, operated and managed by VMDD Agro, Inc. (the “Provider”). In these terms of service (“Terms of Service”) “you” or “your” means the respective “user.”

These Terms of Service constitute the agreement between you and the Provider in relation to your use of VMD and/or any of the services offered by VMD. These Terms of Service will apply to all users of VMD and to visitors’, i.e., users who simply browse VMD or its website. By using VMD, its website or any of its services, you indicate your acknowledgment and acceptance of these Terms of Service and further agree to use VMD in compliance with these Terms of Service, and any other policies and standards provided to you by the Provider. Additionally, you warrant and represent that you have the legal right/capability to use VMD and its services, and provide acceptance to these Terms of Service. You further agree to comply with all applicable laws and regulations that will govern your interaction with VMD and the use of its services.

If you do not wish to be bound by these Terms of Service, you may not access or use VMD, its website or any of the services offered through it. The Provider reserves the right to modify these Terms of Service at any time without notice, and such changes shall be deemed effective immediately upon posting of the modified Terms of Service on VMD. Your continued use of VMD following the posting of changes will indicate your acceptance to those changes. These Terms of Service, subject to section 1(b) below, will subsist until such time you exit/uninstall VMD.

TERMS OF SERVICE

1. GENERAL TERMS

The following terms apply to all persons who use VMD:

a. Registration and Verification

For your use of VMD, you would be required to provide certain information about yourself such as full name and e-mail address. VMD may verify such information (either independently of through a third party) and further obtain additional information as may be required by VMD to provide its services to you. Therefore, you hereby authorize VMD to request, receive, use and store such information for a reasonable period of time, as per applicable law. Further, you agree to update the information you may have provided to VMD, if there are any changes to the information you had previously provided. The collection, storage, use and sharing (if any) of this data by the Provider will be in accordance with the Privacy Policy of VMD which can be found here PRIVACY POLICY.

Please note - all communications made by VMD to you will be made to the email address(es) provided by you. All communications sent to the email address(es) on the VMD database will be considered valid communications, notwithstanding your failure to update any change(s) in the information you had previously provided.

b. Termination

Your use of VMD and the services provided by it may be discontinued and these Terms of Services may be terminated either by (i) you, if you delete your account of your own accord or send an email to info@vmdagro.com requiring deletion of your account, or (ii) the Provider, with the provision of five (5) business days notice. Additionally, your use of VMD and the services provided by it may be discontinued, if you fail to comply with any terms(s) set-out in these Terms of Service. In such event, the Provider reserves the right to delete your account and deny you access to VMD without prior notice. Termination of these Terms of Service will not have any effect on the disclaimer, waiver or liability limitations provided under this agreement and all of those terms will survive any termination of these Terms of Service.

c. DISCLAIMER OF WARRANTY    

VMD INTER ALIA PROVIDES A PRIVATE BUSINESS WEBSITE PROVIDING GENERAL INFORMATION, ORIGINAL CONTENT, REPOSTED CONTENT, AND FOR PURCHASE SERVICES RELATED TO AQUAPONICS. VMD IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR ERRORS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES OR ANY SERVICES PROVIDED BY THIRD PARTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF VMD AND ITS SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VMD, THE SERVICES PROVIDED BY IT AND ANY SERVICES PROVIDED BY THIRD PARTIES IN RELATION TO YOUR USE OF VMD OR ITS SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO VMD AND ANY OF ITS SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY/CODIFIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF VMD, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY VMD WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF VMD OR ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN VMD OR ITS SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD VMD OR ITS SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, IN SUCH CASES THE ABOVE EXCLUSION AND LIMITATIONS WILL APPLY TO YOU TO THE EXTENT PERMISSIBLE BY LAW.

d. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE PROVIDER OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU OR ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, VMD AND ITS SERVICES, EVEN IF THE PROVIDER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW FOR THE LIMITATION OF CERTAIN DAMAGES; THEREFORE, THIS SECTION WILL APPLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.

e. No Agency

VMD does not intend to appoint you or any other member as its employee, legal agent or to form any kind of legal partnership or joint venture.

f. Choice of Law and Dispute Resolution

These Terms of Service shall be governed and construed by the laws of the State of Delaware, without regard to the conflict of laws provision. These Terms of Service shall be subject to the exclusive jurisdiction of the courts of the State of Delaware. You further agree that any dispute arising under these Terms of Service, other than a dispute that would be remedied by injunctive relief, shall be decided in accordance with the then current rules of the American Arbitration Association, and any arbitration award may be entered in a court in the State of Delaware, competent jurisdiction and enforced as a judgment thereof.

g. No Third Party Beneficiaries

This contract is solely for your benefit and the benefit of the Provider.

h. Severability

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect.

2. TERMS FOR USERS

a. Registration Verification

For use of VMD, you would be required to provide the following information:

(i) Personal information including name and e-mail address.

You understand and agree that VMD may periodically request verification of eligibility and verification of usage from you as an user, and that if you fail to provide satisfactory evidence of your continued compliance with these Terms of Services, the Provider may terminate your account immediately.

THE USE OF THE VMD OR ANY PART OF ITS SERVICES, EITHER IN WHOLE OR IN PART, SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF SERVICE.