Terms & Conditions
Last Update: December 1, 2023
Platform Terms & Conditions
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
1. Acceptance of Terms.
Welcome to the Virtual Incentives, a website owned by Medmatics, LLC (dba “Virtual Incentives”). Virtual Incentives provides its service to you subject to the following Platform Terms & Conditions (“Terms”). By accessing a Virtual Incentives website (each, a “Site”) on the Internet or World Wide Web and/or checking the I agree to the terms and conditions box at the entry to the site, you are agreeing to comply with and be bound by the Terms. If you do not wish to agree to the Terms, do not access or use any part of any Site. In addition, when using particular Virtual Incentives services or products, you are subject to any posted guidelines or rules applicable to such services or products. All such guidelines and rules applicable to such services or products are hereby incorporated by reference into the Terms. We may refuse any or all of our services to anyone at any time, at our sole discretion. This site is intended for use by individuals who are at least 13 years of age. Please note that these are solely website terms of use. Product, cards recipient, and client or partner terms and conditions are separately available, as applicable. Virtual Incentives may revise and update these Terms at any time. Please periodically review the Terms posted on this site because your continued usage of the web site after any changes to these Terms will mean you accept those changes.
2. Use of Site.
2.1 Proprietary Rights.
The Site contains information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, pending patents, trade dress or other intellectual or proprietary rights owned by Virtual Incentives or an affiliated company, or other third parties (the “Content”). You acknowledge and agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed. Sites owned by Virtual Incentives, and Virtual Incentives logos, product and service names are trademarks of Virtual Incentives (the “Virtual Incentives Marks”). You agree not to display or use: (i) Virtual Incentives’s Marks without Virtual Incentives’s written permission, and (ii) the Content in any manner without the owner’s written permission.
2.2 No Framing.
You agree not to “frame” or “mirror” any Content or third-party content contained on or accessible from a Site on any other server or Internet-based device without the advance written authorization of Virtual Incentives or its licensors or licensees, respectively.
2.3 Online Conduct.
Your use of a Site is subject to applicable local, state, federal and international law. Your use of a Site in violation of this Section 2.3 governing Online Conduct could subject you to criminal prosecution and/or personal liability for damages.
You agree not to use Site or any Content for any illegal or harmful purpose. By way of example only, and not as a limitation, you specifically agree not to: (a) upload, post, e-mail, or otherwise transmit any material that is unlawful, indecent, pornographic, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including falsely stating or otherwise misrepresenting your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through a Site; (e) upload, post, e-mail or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other proprietary rights of any party; (g) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt any Site or servers or networks connected to any Site, or disobey any requirements, procedures, policies or regulations of networks connected to any Site; (i) intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law.
2.4 Use of Content.
Virtual Incentives grants you permission to access and view each of its Sites for the sole purpose of submitting an order. Any other use of the Sites or the Content, in whole or in part, without permission of the applicable rights holder is strictly prohibited, including without limitation: modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other similar unauthorized exploitation of a Site or the Content. Without limiting the foregoing, unauthorized use of the Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit.
3. Third Party Links, Products and Services.
Our products and services may be made available to you through the use of third-party web sites (“Third-Party Portals”). If you accessed a Site through a link from a Third-Party Portal or if a Site provides links to any third-party sites, you agree that we have no control over the content on such sites AND YOU AGREE THAT WE ARE NOT LIABLE FOR THE PRODUCTS AND/OR SERVICES OFFERED ON SUCH THIRD-PARTY SITES. WE ARE NOT RESPONSIBLE FOR AND DO NOT OFFER ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, RELIABILITY OR ANY OTHER ASPECTS OF PRODUCTS OR SERVICES FROM THIRD-PARTIES. YOU RELEASE US FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST US ARISING FROM YOUR USE OF PRODUCTS OR SERVICES FROM THIRD-PARTIES.
4. Indemnification.
You agree to indemnify us and hold us and our licensees, suppliers and fulfillers, owners and operators of Third-Party Portals and Merchants, harmless from and against any and all losses, damages, costs or expenses, including reasonable attorneys’ fees, arising out of your use of any Inappropriate Content or any violation of law or third party rights by you. Your obligation to indemnify and hold us harmless shall survive any expiration and termination of these Terms.
5. Limitation and Disclaimer of Warranties; Limitation of Liability.
ALL SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER VIRTUAL INCENTIVES NOR ANY OF ITS AFFILIATED COMPANIES, NOR ANY OF THEIR LICENSEES, SUPPLIERS, FULFILLERS, OWNERS AND OPERATORS OF THIRD-PARTY PORTALS OR MERCHANTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF ANY SITES. THE FOREGOING DISCLAIMER INCLUDES, WITHOUT LIMITATION, A DISCLAIMER OF ANY WARRANTY OR REPRESENTATION THAT THE SITES WILL BE UNINTERRUPTED, RELIABLE, SECURE OR ERROR FREE, OR THAT THE SITES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITES WILL OTHERWISE MEET YOUR EXPECTATIONS.
Under no circumstances shall we (or our licensees, suppliers, fulfillers, owners and operators of Third-Party Portals or Merchants) be liable for damages of any kind, under any legal theory arising out of or in connection with your use of, inability to use, any Site, any Content, or any products or services offered through a Site, including any direct, indirect, incidental, special or consequential damages (including but not limited to damages for loss of profits, use, data or other intangibles) even if we, or our licensees, suppliers, fulfillers, owners and operators of Third-Party Portals or Merchants, have been advised of the possibility of such damages. Without limiting the foregoing, this disclaimer of liability applies to any inability to use a Site, any changes to a Site (or its products and/or services), or the unauthorized access to or alteration of your transmissions or data. Some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the foregoing limitations may not apply to you.
6. Termination of Right to Use a Site.
We reserve the right to terminate your right to use one or more Sites if you violate any of these Terms or if your account has been inactive for more than one year. Upon termination of your right to use one or more Sites, we will remove your account privileges. We will have no obligation to return to you your Submitted Data. The disclaimers and limitations of liabilities set forth in these Terms shall survive any such termination.
7. Privacy and Security.
We will protect and use information provided by you as set forth in the Privacy Policy. You agree not to violate or attempt to violate the security of any Site, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to a Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mail bombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.
You understand that your account information on the Sites is controlled by you, through the User IDs and Passwords that you selected. You are responsible for protecting the confidentiality of those User IDs and Passwords. Virtual Incentives is entitled to rely on information sent to any Site under your User ID and Password for that Site were sent by you. If you believe that the confidentiality of any of your User IDs and/or Passwords has been compromised or that someone has accessed your account without authorization, you should contact us immediately and immediately change your Password.
8. Applicable Law.
Since the Sites can be accessed from all 50 states, as well as from other countries around the world, and each of these places has laws that may differ from those of New York, by accessing a Site both you and Virtual Incentives agree that the statutes and laws of the state of New York, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of such Site and its contents. Virtual Incentives makes no representation that the Contents are appropriate or will be available for use in other locations. If you use a Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content and the third party content. Unless otherwise explicitly stated, all marketing or promotional materials found on a Site are solely directed to individuals, companies or other entities located in the United States. You and Virtual Incentives further agree to submit to the exclusive personal jurisdiction and venue of the Putnam County New York and the United States District Court for the Southern District of New York with respect to any matters relating to the services, the use of a Site and its Contents, or any transactions arising therefrom. Any action brought by you with respect to anything related to a Site must be brought, if at all, within one (1) year from the accrual of such cause of action. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or related to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
9. Miscellaneous.
For purposes of these Terms, “you” and “your” shall mean you and “we”, “us,” and “our” means Virtual Incentives and, if applicable, those third parties acting on behalf of Virtual Incentives from time to time. We may assign our rights and responsibilities hereunder without notice to you. If any of these Terms are held invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. We reserve the right to amend or modify these Terms or impose new conditions at any time. Such amendments and modifications will be effective immediately upon giving you notice by any means including, but not limited to, posting on the applicable Site. These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all other communications, written or oral, with regard to any Site.
The failure of Virtual Incentives to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Virtual Incentives in writing. Your use of a Site, however, is subject to the additional disclaimers and caveats that may appear throughout such Site.
10. Contact.
Phone: 1-646-736-1910
Mailing Address:
Virtual Incentives
PO Box 35, Cold Spring, NY 10516-0035
Email: [email protected]