Agreement between users and Vest Safety Medical Services LLC
Welcome to the Vest Safety Medical Services LLC (hereafter Vest) website, referred to hereafter as the “Vest site”. The Vest site is comprised of various web pages operated by Vest Safety Medical Services LLC and is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (the “Terms”). Your use of the Vest site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
The Vest site is a platform for conducting medical evaluations and storing occupational health related information.
Electronic Communication
Visiting the Vest site or sending emails to Vest constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Vest site, satisfy any legal requirements that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password, or the account and password information provided to you, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Vest is not responsible for third party access to your account that results from theft or misappropriation of your account. Vest and its associates reserve the right to refuse or cancel services, terminate accounts, or remove or edit content in our sole discretion.
Personal Information
You may be required to enter information about yourself in the process of using the Vest site. Vest will not use this information for any purpose other than the improvement of Vest’s products or services. Vest does not sell or in any way provide personal information to third parties without explicit consent.
Access by Minors and Children Under Thirteen
Vest is software for the workplace and as such is not intended for use by persons under the age of 18 years old. Vest does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Vest site only with permission from a parent or guardian.
Links to Third Party Sites / Third Party Services
The Vest site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Vest and Vest is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Vest is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Vest of the site or any association with its operators.
No Unlawful or Prohibited Use / Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Vest site strictly in accordance with these terms of use. As a condition of your use of the Vest site, you warrant to Vest that you will not use the Vest site for any purpose that is unlawful or prohibited by these Terms. You may not use the Vest site in any manner which could damage, disable, overburden, or impair the Vest site or interfere with any other party’s use and enjoyment of the Vest site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Vest site.
All content included as part of the Vest site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Vest site, is the property of Vest or its vendors and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part, found on the Vest site. Vest site content, aside from products and services rendered, are not for resale. Your use of the Vest site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Vest and or the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Vest or our licensors except as expressly authorized by these Terms.
International Users
The Vest site is controlled, operated and administered by Vest from our offices within the United States of America. If you access the Vest site from a location outside the United States of America, you are responsible for compliance with all local laws. You agree that you will not use the Vest content accessed through the Vest site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Vest, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Vest site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Vest reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Vest in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VEST SAFETY MEDICAL SERVICES LLC AND/OR ITS VENDORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
VEST SAFETY MEDICAL SERVICE LLC AND/OR ITS VENDORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION ,SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. VEST SAFETY MEDICAL SERVICES LLC AND/OR ITS VENDORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VEST SAFETY MEDICAL SERVICES LLC AND/OR ITS VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES. THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE VEST SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE VEST SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VEST SAFETY MEDICAL SERVICES LLC OR ANY OF ITS VENDORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE VEST SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VEST SITE.
Termination / Access Restriction
Vest reserves the right, in its sole discretion, to terminate your access to the Vest site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Vest site. Use of the site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Vest as a result of this agreement or use of the Vest site. Vest’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Vest’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Vest site or information provided to or gathered by Vest with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Vest with respect to the Vest site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Vest with respect to the Vest site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Vest reserves the right, in its sole discretion, to change the Terms under which the Vest site is offered. The most current version of the Terms will supersede all previous versions. Vest encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Vest welcomes your questions or comments regarding the Terms:
Mail: 1110 NASA Parkway, Suite 102, Houston, TX 75058
Email: support@vestmed.com
Toll-Free Number: 844-837-8767
These Terms of this Agreement are effective as of October 23,2023.