Last updated April 14, 2021
Agreement to Terms
Welcome to Vitalscend.com Website (“Site”). These Terms of Use Agreement constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Vitalscend (“Company”, “we”, or “our”), governing your use of the https://www.vitalscend.com website. These Terms also apply to other media related to, authorized by, or governed by this Site (collectively, the “Site”) and/or Vitalscend team, which may include social media applications, mobile applications or video platforms as well as any other, media channel related, linked or otherwise connected thereto. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
These Terms may be changed as the Site and our Services develop, so we highly encourage you periodically check for updates. We will alert you about any changes updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. We will post a notice on the header of the main site, for a reasonable period of time after such changes are made. We reserve the right, to modify, correct or change these Terms of Use at any time, for any reason, at our sole discretion. It is your responsibility to periodically check these Terms of Use to stay updated for any changes. By your continued use of this Site, you acknowledge and accept that you have been made aware of any and all such updates, and you accept those changes.
We make no claims or warranties that the content distributed, published, or shared on this Site is appropriate for use in your country. The information provided on this Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. You are solely responsible for accessing and using this Site on your own initiative, for compliance with local laws.
The Site, its content, and services are offered for use to users who are 18 years of age and older. This Site is not intended for users under the age of 18 years.
Medical Advice Disclaimer
THIS SITE IS NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE CONTENT, INFORMATION, OR SERVICES PROVIDED ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO TEXT, GRAPHICS, PICTURES, VIDEOS, AND OTHER MATERIALS (COLLECTIVELY, “CONTENT”) ARE FOR INFORMATIONAL PURPOSES ONLY. ANY AND ALL CONTENT PUBLISHED DIRECTLY ON THIS WEBSITE OR THROUGH THIS WEBSITE BY LINKING TO THIRD-PARTY WEBSITES, IS FOR EDUCATIONAL PURPOSES ONLY. THE CONTENT ON THIS WEBPAGE IS NOT INTENDED TO REPLACE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL (COLLECTIVELY “HEALTHCARE PROFESSIONAL”) REGARDING ANY MEDICAL OR HEALTH-RELATED DIAGNOSIS OR TREATMENT OPTIONS.
You should not use the information or services on this Site for diagnosis or treatment of any health issue or prescription of any medication, drug, or other treatment. You should always consult with your physician, healthcare professional, or doctor for any medication, diagnosis, or treatment. You should carefully read all information about a product and or in any product label or packaging before using any dietary supplement. You should always consult your doctor before you begin with any nutrition, supplement, exercise program, or lifestyle program.
VITALSCEND TEAM INCLUDING BUT NOT LIMITED TO EMPLOYEES, WRITERS, PUBLISHERS, GRAPHIC DESIGNERS AND REVIEWERS OF THE CONTENT DO NOT TAKE ANY RESPONSIBILITY FOR POSSIBLE HEALTH CONSEQUENCES OF ANY PERSON READING OR FOLLOWING THE INFORMATION IN THIS EDUCATIONAL CONTENT.
Any and all content written, published, or reviewed on this Site is strictly based on the opinions and personal views of our writers, publishers, graphic designer, editors, employees, or reviewers. Once again, this content is NOT intended to give or replace medical advice and is for informational purposes only. Each person is different and may have different effects from any nutrition, supplement, exercise program, or lifestyle program they begin or practice, and for that purpose, make sure you always consult your physician, doctor, or healthcare professional.
Copyrights and Trademarks
Intellectual Property Rights
All of the content and materials on this Site including but not limited to the Site’s design, logo, wordmark, text, pictures, sounds, software, and other files (collectively “Materials”), are the property of VitalScend or its licensors. The Site is our proprietary property and all software, website design, source code, databases, audio, graphics, videos, text, and photographs, on the Site (collectively, the “Content”) including the wordmark, trademark, service marks, and logos contained within this Site (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.
Non-Commercial Use
The content of this Site, including but not limited to full articles, pictures, infographics, text, videos, and other files on the Site are for personal, non-commercial, home use only. The Content and Marks are provided on the Site “AS IS” for your information and is permitted for personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, uploaded, posted, publicly displayed, aggregated, republished, translated, transmitted, encoded, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Not a License
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial, home use only.
WE RESERVE ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU AND THE SITE, THE CONTENT AND THE MARKS. YOU (THE “USER”) ARE NOT GRANTED A FULL LICENSE OR OWNERSHIP RIGHT FOR ANY OF THE CONTENT CREATED AND PUBLISHED ON THIS SITE.
User Representation
By using our Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current or future use of the Site (or any portion thereof).
Termination of Usage
The user of our website must respect the Terms of Use of this Site. Any breach of the rules, including engaging in any prohibited activities can result in permanent or temporary account termination.
You agree and acknowledge that you will not enter or access this Site in any way other than the interface provided by Vitalscend for access to this Site. You are not allowed to create or maintain any link from another website to any page located on this Site without prior authorization from and agreement with Vitalscend.com.
Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree NOT to:
- To interfere with, disarrange, disrupt, or in any way cause issues with this Site, It’s Services or networks connected to it.
- To access our Site in an unauthorized way and make use of it, or to perform any activities including content modification, deletion, or email spamming.
- To mislead any website user, by impersonating us, the Vitalscend team, to try to trick the user to gain access to sensitive information.
- To collect data about this Site, for any marketing purposes, including but not limited to advertisement, database collection, and analytics without prior authorization and written permission.
- To disable, modify, restrict or interfere with any software related to website security.
- To try to delete or modify any content, including the content in our “Terms of Use”, “Privacy Policy”, and “Cookie Policy” as well as any content on the other pages on this website including but not limited to text, pictures, videos or external links.
- To cause objectifiable harm to this Site’s Services, Content, or Employees.
- To submit false reports of abuse or misconduct, or improperly use our support services.
- To use the site in a manner that is inconsistent with applicable laws and regulations in your country, including national, local, federal, or state laws.
- To copy, display, modify, upload, transmit, reproduce, distribute, sell, aggregate, republish, translate, or encode any content published on our website.
- To succeed in or at least attempt to bypass any measures designed to restrict or prevent access of any portion of the Site.
- To copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScripts, or other code.
- To upload or transmit any kind of Malicious software, including viruses, Trojan horses or any other kind of malware (spyware, ransomware) that interferes with and in any way impairs our Site’s Security.
- To distribute any automated system including but not limited to robots, cheat utility, artificial intelligence, scraper, offline reader or spider in order to interfere with this Site’s functionality, or install/launch any unauthorized script or similar software.
- To decrypt, decompile, reverse engineer, decode, decipher, disassemble, or crack any of the software that is part of this Website.
- To engage in the unauthorized use of any automated systems for purposes of data mining, data analyzing, and data collection.
- To delete the copyright or other intellectual proprietary rights notice from any content, or to share any of this content as yours, without the granted license to do so.
- To upload or transmit any materials that may collect information or are part of information transmission mechanisms, whether passively or actively, including without limitation, clear graphics interchange formats or GIFs, 1×1 pixels, web beacons, web bugs, cookies or any similar tracking tags, tools and services.
- To use this Site in any way that can, without prior authorization, lead to gaining revenue on your part, without our knowledge and consent.
- To annoy, impersonate, harass, intimidate, scare, or threaten any of our employees including without limitation, writers, reviewers, photographers, graphic designers, content providers or agents, clients, and contractors associated with this Site in any way.
By continuing to view or access our Site, use our Services or consume our Content, you acknowledge and agree to use this site for only lawful purposes, and you understand that you are held accountable and responsible for your use of this Site and communication on this Site.
You agree not to post on or transmit through this Site any infringing, harassing, threatening, vulgar, obscene, profane, indecent, offensive, hateful, unlawful, or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes other intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Site in any manner that interferes with its normal operation or with any other user’s use of this Site.
Account Termination
In the starting or developing stages of Vitalscend, we do not allow users to create accounts to log into our website yet. The Site is free to use, with no account registration required to read or consume the content.
However, as our software and services develop, we may include additional account registration. It is important to note that by account, we also take into consideration subscribers to our newsletter, meaning anyone who sends spamming mails, may be automatically unsubscribed or in another way unattached, suspended, or deleted from our newsletter email database.
We have the right to, at any moment, without prior notice, at our sole discretion suspend, delete, unsubscribe, terminate or unattach your account in any other way for use of or from use of our Site and Site Services, including Newsletter, if at any moment, for whatever reason, we believe you are misusing our site or using the site against the sole purpose and interests of this Site.
User Content
User Content is any content the users of this site can provide or post through the use of our services. This includes but is not limited to text, graphics, videos, pictures, audio, and other materials, referred to as Contribution. Currently, we do not allow users to post any content on our Site, including comments.
If we enable you to post content of any kind, for example in forum engagement, we own the right to collect, transfer or post that content on our Site or related Services, mobile applications, social media apps, or video platforms.
You acknowledge, understand, and agree that any content you post on this Site or transmit through its Services is your sole responsibility. We may allow you to display, create, submit, post, publish, dispute, or transmit any type of content to us or on this Site, including but not limited to text, videos, pictures, audio, graphics, suggestions, questions, comments, personal information or any other material (collectively, “Contributions”). These contributions may be viewable to third-party websites and other users of this Site.
As a user of this site, you agree and warrant that:
- The distribution, downloading, publicly displaying, accessing, modifying, and copying of your content will not infringe the proprietary intellectual rights, including but not limited to patent, copyright, trademark, trade secret, or moral rights of any third party.
- You are the original author of the Content or Contributions published or transmitted through the use of this Site or its services, and you as the creator, own the rights, licenses, consent, and permission to use and to entitle (authorize) us, and other users to use your Content and Contribution in any manner contemplated by the Site and these Terms of Use.
- Your Contributions and Content published or otherwise transmitted through this Site are not misleading, harmful, obscene, vulgar, harassing, filthy, libelous, hateful, invasive of another’s privacy, abusive, threatening, or harmful in any way.
- Your Contributions or Content published or otherwise transmitted through this Site do not violate any applicable law, rule, or regulation.
- You will not post, upload, transmit, advertise any unsolicited materials, including but not limited to spam mails, pyramid schemes, chain letters, and mass mailings.
- Your Contributions do not contain any sensitive, personal or confidential information that may be invasive of one’s privacy.
- You are authorized or have written permission or consent for each identifiable person to enable inclusion and use of your Contribution in any manner contemplated by the Terms of Use of this Site.
- Your Contributions do not contain any material that solicits personal, sensitive, or confidential information of anyone under the age of 18, or otherwise exploits people under the age of 18 in any violent or sexual manner.
- You Contributions are not used to threaten, harass, abuse or in any other way present hateful, ethnical, racial, or otherwise objectionable harm and to promote violence to a specific person or class of people.
- Your Contributions do not interfere or disturb this Site, its networks, and services, and do not in any way mislead other users of this site.
- Your Contributions are not used to collect, gather, analyze any personal information of any user of this Site, including our employees.
- Your Contributions do not mock, disparage, threaten, abuse, ridicule, or harm anyone.
- Your Contributions and Content do not violate the rights, privacy, or publicity rights of any other third party.
- Your Contributions do not include any offensive language related to any race, gender, sexual preference, nationality, or physical handicap.
- Your Contributions do not violate any applicable law concerning child pornography or other regulations intended to protect the health or well-being of minors.
- Your Contributions do not in any other way violate or link to materials that violate, any applicable law or regulation, or any provision of these Terms of Use.
Breach over any of these rules will result in permanent or temporary account termination.
VITALSCEND IS NOT RESPONSIBLE FOR ANY USER CONTRIBUTION OR CONTENT MISUSE, MODIFICATION, INTERPRETATION, OR MISAPPROPRIATION. DO NOT POST ANY CONFIDENTIAL, SENSITIVE, OR PERSONAL INFORMATION ON THIS SITE. VITALSCEND SHALL BE ENTITLED TO UNRESTRICTED USE OF USER CONTENT AND CONTRIBUTIONS, TRANSMITTED THROUGH THE SITE SERVICES OR PUBLISHED ON THE SITE, INCLUDING COMMERCIAL USE WITHOUT COMPENSATION TO THE PROVIDER.
Contribution License
You understand, acknowledge, and agree that by using this site, posting or transmitting your content or contributions on the Site, or through its services, your content is exposed to users of this site and third-party websites.
You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including site preferences or settings). You and the Site agree that anything you post on this Site, including questions, feedback, comments, or any other type of materials can be used, republished, transferred, copied, reviewed, or analyzed to further improve our services, personalize your experience, and communicate with you.
You, as the Contributor, retain a full right and ownership of all your Contributions including any intellectual or proprietary property rights associated with that contribution. We are not responsible or liable for any of your statements, representations, or opinions in your Contributions, You are solely responsible for your Contributions and you expressly agree to exonerate us from any responsibility and to refrain from any legal action against us regarding your Contributions.
Submissions
The User Content published on this Site and User Contributions transmitted through our Site and its Services are granted a royalty-free, irrevocable, perpetual, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, translate, combine, perform, edit, or create derivative works from, publish, display or distribute any such User Content or Contribution internationally, or to incorporate it in any future form of developed technology and media. Any Content or Contributions you transmit or publish on the Site may be treated in accordance with the Privacy Policy of this Site.
You acknowledge and agree that any User Content, User Contributions, or Submissions provided, shared, transmitted, or published by you on or to this Site are non-confidential and shall become our sole property. We shall own exclusive rights, and shall be entitled to the unrestricted use of these Submissions and Contributions for any commercial, lawful, or other purposes, without compensation to you, or consent. You hereby waive all moral rights to any such Submissions and warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submission.
External Links – Third Party Websites
This Site contains external links to other third-party websites for the convenience of our users. The content on these third-party websites is not by any means, controlled or endorsed by this Site or by us. External links on this Site may re-locate you to other third-party websites usually associated with eCommerce, scientific research, or social media websites. None of the third-party websites to which we may link are in any way controlled for accuracy, reliability, appropriateness, or completeness by us. You acknowledge and agree that we will not be held responsible or liable for any content published or services provided by such third-party websites to which we may link.
You are solely responsible for your use of any third-party websites, and you agree and acknowledge that once you leave this website, these Terms of Use no longer apply to other, third-party websites. You should read their Terms and Policies and use their Website responsibly. Any purchases you make through third-party websites are exclusively between you and that third-party website. Any harm, loss, or issue that may arise from your usage or contact with such third-party websites is between you and that third-party website. You shall hold us harmless for any such harm, loss, or issue that may arise as a result of interacting with any third-party website we have linked to.
Alleged Violations
We reserve the right to terminate any user account, or access to this website for any user that breached the rules of our Privacy Policy and Terms of Use. We can investigate the use and activity of that user for any purpose, including but not limited to third-party rights infringement, allegations or complaints, or any other unauthorized access. If we believe that you have violated the law or these Terms of Use, we can without prior notice to you, terminate your account, limit your access to this site, restrict your use and delete your Contributions.
Privacy Policy
We respect your privacy and security. To understand our data privacy practices, please read the Privacy Policy of this Site. By continuing to use this Site, you acknowledge and agree to use this Site, and You are bound by our Privacy policy, which is incorporated in these Terms of Use. Our servers are currently located in the Netherlands. If you access this Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Netherlands, then through your continued use of the Site, you agree to data transferring and processing laws applicable in the Netherlands.
Termination of Usage
We reserve the right to terminate your account immediately if we believe you breached the rules described in these Terms of Use. We reserve the right to suspend your access immediately, without notice to liability, for any reason whatsoever. Termination, Disabling, or Suspending your account may delete any content you may have posted, contributed, or transferred on or through this Site and its Services. These Terms of Use shall remain in full force and effect while you use this Site. After any user access has been denied, or its account terminated, the user is prohibited from registering a new account under his name, or borrowing any other name.
Modifications
We reserve the right, without prior notice, at our sole discretion to modify, change, correct or remove any of the content for any reason. We reserve the right to (1) change the Site’s Content and Service, (2) correct, update or revise this Terms of Use, (3) Disable or Discontinue our Site and Service at any time. We will not be held responsible or liable to you or any third party for any modification, deletion, or discontinuance of this Site.
Interruptions
This Site may experience some technology-related problems that may cause different interruptions, errors, delays, or inaccuracies. This may be problems arising from our hardware, software, web hosting service, or other sources, which may be out of our control. For any such issues or maintenance-related challenges, we reserve the right to change, modify, correct, update, suspend or discontinue the Site without prior notice to you. You acknowledge and agree that we are not liable for any such problems (errors, interruptions) that may result in loss, inconvenience, or damage to you, during any downtime of the Site.
Governing Law
These conditions are governed and interpreted following the laws of Slovenia, and the use of the United Nations Convention of Contracts for the Internation Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. Vitalscend and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Ljubljana, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in Slovenia, or in the EU country in which you reside.
Dispute Resolution
Informal Negotiations
To seek arbitration, each party has to first send the other party a written Notice of Dispute, which describes the main reason, nature, or basis of the dispute or claim. In order for a party to begin with the arbitration proceedings, a thirty (30) days period is needed to resolve the claim or dispute.
Binding Arbitration
Any dispute arising from the relationship between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Center of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Ljubljana, Slovenia. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of Slovenia.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
TO THE EXTENT PERMITTED BY LAW YOU AND VITALSCEND HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING OR LITIGATION BROUGHT AGAINST THE OTHER WITH RESPECT TO THIS AGREEMENT OR THE SITE. ANY CLAIM, COMPLAINT, OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF RELATING TO THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS, OTHERWISE, SUCH CAUSE IS PERMANENTLY BARRED AND YOU HEREBY WAIVE SUCH CAUSE OF ACTION OR CLAIM AFTER SUCH DATE.
Corrections
This Site may contain some information that is incorrect or has typographical errors, inaccuracies, or omissions. We reserve the right to correct any omissions, errors, and inaccuracies or to change, modify or update the information, without prior notice to you, at any time.
DISCLAIMER
THIS SITE IS PROVIDED ON AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITE LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OR CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF THE TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNED OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability
YOU AGREE AND UNDERSTAND THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE, IT’S CONTENT AND MATERIALS CONTAINED HEREIN ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to indemnify, defend and hold us harmless, including our affiliates, subsidiaries, and all of our respective agents, officers, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney fees and expenses, resulting from any violation or breach of these terms and conditions or any violations related to your account use and activity which includes engaging in any prohibited activities, described in these Terms of Use.
User Data Loss
To improve our Site Services, we will maintain some data related to your online activity, to actively manage or analyze the performance of this Site. You are solely responsible for any information, contribution, content you have published on or shared through this Site and its Services. We make no warranties of keeping this data, and we shall not be held responsible for any loss of data, related to your use of this Site. You agree we shall have no liability to you for any data loss or data corruption, and you hereby waive any right of action against us arising from any loss or corruption of data.
Severability and Waiver
If for whatever reason, any provision of these Terms of Use is held to be unenforceable or invalid, all other provisions of the Terms of Use will remain unaffected and in full force and effect. Any provisions held to be unenforceable will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law.
Electronic Communications, Transactions, and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirements. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery, or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
California Users and Residents
In case any argument or complaint is not successfully resolved between you (California Resident) as a user of this Site and us, make sure you contact the Compliant Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254
MISCELLANEOUS
The Terms of Use, including any other policies or rules posted by us on this Site, constitute the entire agreement and understanding between you and us. The failure to insist upon strict adherence to any terms or enforce any rights or provisions of these Terms of Use shall not be considered a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time, without prior notice to you. We shall not be responsible or liable for any loss, delay, damage, or failure to act caused by any cause beyond our reasonable control. In the case any of our provisions or part of it is determined as unenforceable or void, that provision or that part of that provision is deemed, and does not affect the accuracy, validity, and enforceability of any remaining provisions. All other provisions, policies, or rules described in these Terms of Use shall operate to the fullest extent permissible by law. By using this site and its services, the user DOES NOT create any partnership, employment, or venture with us as a result of these Terms of Use or use of this Site. You agree to not construct these Terms of Use against us by virtue of having drafted him. You waive any and all defenses you may have based on the electronic form of these Terms.
ACKNOWLEDGEMENT
BY USING THIS SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
Contact Us
If you are still looking for more information, visit the Contact Us page.