Terms and Conditions
VITA LIFE provides the Web Sites as a service to its customers. Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Web Sites constitutes your agreement to follow and be bound by those terms (the “Agreement”). If you do not agree to these terms, please do not use this site. “Bookmarking” or quoting a particular portion of the Web Sites still binds you to the Agreement. From time to time, VITA LIFE may change the terms that govern your use of our Web Sites. We suggest that you visit this page periodically to review the terms of your use in case of a change in terms.
All content included on the Web Sites, such as text, graphics, logos, button icons, images, audio, data compilations, and software, is the property of VITA LIFE or its content suppliers and protected by US and international copyright law. The compilation of all content on the Web Sites is the exclusive property of VITA LIFE and protected by US and international copyright law. All software used on the Web Sites is the property of VITA LIFE or its software suppliers and protected by US and international copyright law.
VITA LIFE’s graphics, logos, page formatting, page content, and service names are trademarks, registered or otherwise, of VITA LIFE in the United States and all other applicable territories. VITA LIFE’s trademarks may not be used in connection with any product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VITA LIFE or the VITA LIFE’s products. All other trademarks not owned by VITA LIFE that appear on the Web Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VITA LIFE.
Links to other resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.
Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered an d including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by VITA or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with VITA. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of VITA or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of VITA or third party trademarks.
Web site contents
VITA LIFE reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause. Acceptance of the Agreement indicates that you understand and accept that all materials, including text, images, illustrations, designs, icons, photographs, video clips and other materials that are part of the Web Sites (collectively, the “Contents”) are owned by VITA LIFE. You are expressly prohibited from using any Content without the express written consent of VITA LIFE. The Web Sites and all Contents are intended solely for personal, non-commercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Web Sites or any related software or content. Any permission granted herein terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials.
User Comments, Feedback, & Other Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to the VITA LIFE on or by the Web Sites or otherwise disclosed, submitted or offered in connection with your use of the Web Sites (collectively, the “Comments”) shall be and remain the VITA LIFE’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to the VITA LIFE of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Accordingly, VITA LIFE will exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. VITA LIFE is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Web Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Web Sites will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
Accounts and membership
You must be at least 13 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with
it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
You will not use the Web Sites to:
- Upload, post, e-mail, transmit, display, distribute, promote, or otherwise make available: (i) any material that is false, unlawful, threatening, tortious, disparaging (including disparaging of VITA LIFE, its principles or affiliates), anything that adversely affects the VITA LIFE’s business such as discouraging any person or entity from advertising with, linking to or supplying VITA LIFE, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in VITA LIFE’s sole discretion; (ii) information, software, or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right; (iii) material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user’s uninhibited use and enjoyment of the Web Sites, interferes with or disrupts the Web Sites or servers or networks connected to the Web Sites, or disobeys any requirements, procedures, policies or regulations of networks connected to the Web Sites; (iv) information or material of any kind that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Web Sites, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to the Web Sites; or (v) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” requests for money, petitions for signature, or any other form of solicitation; Encourage, promote, solicit or commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Web Sites are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- Stalk, abuse, sexually exploit, violently exploit, act violently toward or otherwise harass another user;
- Use or attempt to use another’s information, account, password, service or system except as expressly permitted;
- Solicit or collect personal data including without limitation, telephone numbers, addresses, last names, financial information, passwords, codes, or email addresses, about other users.
- You represent, warrant and agree that you will comply with the above acceptable use policy.
To other websites and services
The Web Sites may contain links to other websites that are not affiliated with VITA LIFE or otherwise under the control of VITA LIFE. VITA LIFE has no responsibility for the linked websites nor does it necessarily endorse the linked websites. VITA LIFE provides the links solely for the convenience and information of its Web Site users.
Programs and promotions
The Web Sites may contain or offer programs, sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the program, sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest or promotion.
Disclaimer of warranties
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or da ta. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Vita life does not warrant that your activities or use of the web sites is lawful in any particular jurisdiction and, in any event, vita life specifically disclaims such warranties. You understand that by using any of the features of the web sites, you act at your own risk, and you represent and warrant that your activities are lawful in every jurisdiction where you access or use the web sites or the content. Further, vita life and its subsidiaries and affiliates disclaim any express or implied warranties including, without limitation, non infringement, merchantability, fitness for a particular purpose, and title.
Vita life, its subsidiaries or affiliates or the directors, officers, employees, or other representatives of each of them shall not be liable for the use of the web sites including, without limitation, the content and any errors contained therein. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to this agreement.
Limitation of liability
You understand and agree that vita life limits its liability in connection with your use of the web sites as set forth below:
Under no circumstances shall vita life, its subsidiaries, or affiliates or the directors, officers, employees, or other representatives of each of them (collectively, the “vita life entities and individuals”) be liable to you for any loss or damages of any kind (including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages that are directly or indirectly related to (1) the web sites, the content, or your upload information; (2) the use of, inability to use, or performance of the web sites; (3) any action taken in connection with an investigation by vita life or law enforcement authorities regarding your use of the web sites or content; (4) any action taken in connection with copyright owners; (5) any errors or omissions in the web sites’ technical operation, even if foreseeable or even if the vita life entities and individuals have been advised of the possibility of such damages whether in an action of contract, negligence, strict liability tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the web sites). In no event will the vita life entities and individuals be liable to you or anyone else for loss or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the vita life entities and individuals total liability to you for all damages, losses, or causes of action exceed one hundred dollars ($100).
The vita life entities and individuals are not responsible for any damage to any user’s computer, modem, cell phone, hardware, software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
Your access to and use of this web site is at your risk. If you are dissatisfied with the web site or any of the content, your sole and exclusive remedy is to discontinue accessing and using the web site or the content.
You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of vita life’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, property, product, program, video, film or other content owned or controlled by vita life and/or its subsidiaries, and/or affiliates or your upload information, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any vita life website, property, product, program, video, film or other content or your upload information or any and all activities or actions related thereto.
You recognize and confirm that the web sites do not provide medical advice, information or recommendation of any kind and company expressly disclaims that it is providing any such advice, information or recommendation. The statements on the web sites have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.
By accessing any of the websites, i understand that i may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, i acknowledge that i have read and understand, and hereby expressly waive, the benefits of any law of any state or territory, which provides that a general release does not extend to claims which the releasor does not know or suspect to exist in his/her favor at the time of executing a release, and which if known by him/her must have materially affected his/her settlement with the release.
To the fullest extent permitted by applicable law, in no event will VITA, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of VITA and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to VITA for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold VITA and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the
Website and Services or any willful misconduct on your part.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Georgia, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Georgia, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and Amendments
We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are n authorized to access or use the Website and Services