Vytal Health, LLC. Website Terms and Conditions of Use (Last updated on November 5, 2019)
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS SITE.
1. Changes to Terms and Conditions. Vytal Health, LLC. (“Vytal Health”) may revise and update these Terms and Conditions at any time, and any such revisions or updates shall be effective immediately upon publication. We recommend that you review these Terms and Conditions periodically. Your continued use of the Site will mean you accept those changes.
2. Modifications to Site. Vytal Health reserves the right to modify in whole or in part, or temporarily or permanently discontinue, the Site or any Content (defined below) for any reason and at any time and without notice to you.
4. The Site Does Not Provide Medical Advice. The contents of the Site, such as text, graphics, images, videos, information obtained from Vytal Health’s licensors and other material contained on the Site (collectively, “Content”) are for informational purposes only. The Content should not be considered or used as a substitute for professional medical training, education, advice, diagnosis or treatment. By visiting the Site you understand, acknowledge and agree that no diagnosis or treatment of any kind will be based on the Content or any text, graphics, images, video, audio, information or other material contained on the Site, or any site linked to or from the Site. The Site and the Content do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. The Site and the Content do not constitute any medical, nursing or other professional health care training or education. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, diagnosis or treatment. Never disregard professional medical advice or delay in seeking it because of something you read or viewed on the Site or in the Content.
Vytal Health does not recommend or endorse any specific tests, physicians, health care providers, products, procedures, opinions or other information that may be mentioned on the Site or contained in the Content. Reliance on any information provided by Vytal Health on the Site or any Content is solely at your own risk.
5. Use of Site. You agree to use the Site only for lawful purposes and comply with the following:(a) Specifically, you agree not to do any of the following: (i) communicate to Vytal Health or upload to or transmit to or on the Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright without permission from the copyright owner; (ii) use the Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (iii) intercept or attempt to intercept electronic mail not intended for you; (iv) misrepresent an affiliation with any person or organization; (v) restrict or inhibit use of the Site by others; (vi) upload or otherwise transmit files that contain a virus or corrupted data; (vii) collect information about others (including e‑mail address) without their consent; (viii) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Site); (ix) post “spam,”transmit chain letters or engage in other similar activities; (x) attempt to disable, “hack” or otherwise interfere with the proper functioning of the Site; or (xi) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Vytal Health, may harm Vytal Health or users of the Site or expose them to liability.(b) Any content and/or opinions uploaded, expressed or submitted to any publicly available section of the Site (including password-protected areas), and all articles and responses to questions, other than the content provided by Vytal Health, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Vytal Health. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Vytal Health, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to Vytal Health or to any area of the Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to Vytal Health and/or post it to the Site. You grant to Vytal Health the right to use all content you upload or otherwise transmit to Vytal Health or the Site in any manner Vytal Health chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.(c) Vytal Health reserves the right, but does not assume any responsibility, to (i) remove any material posted on the Site which Vytal Health, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Vytal Health has been notified, or has reason to believe, constitutes a copyright infringement; and (ii) terminate any user’s access to all or part of the Site. However, Vytal Health can neither review all material before it is posted on the Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Vytal Health assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Vytal Health reserves the right to take any action it deems necessary to protect the personal safety of users of the Site and the public; however, Vytal Health has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to or use of the Site and may expose you to civil and/or criminal liability.
6. Use of Content. Vytal Health authorizes you to view the material on the Site solely for your personal, noncommercial use. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.7. Ownership of Site Content. Vytal Health, its affiliates, or third party content or service providers own all copyrights, trademarks, trade dress and other intellectual property contained on the Site, in the Content or contained in e‑mail correspondence you may receive through the Site. Content includes images, videos, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds and the arrangement of Content on the Site as a whole.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Vytal Health or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws. Content and features are subject to change or termination without notice in the discretion of Vytal Health. All rights not expressly granted herein are reserved to Vytal Health and its licensors.
Use of the Site or Content pursuant to these Terms and Conditions shall not convey or transfer any intellectual property rights to you.
8. User Feedback. Portions of the Site may allow users to participate in surveys and to submit feedback to Vytal Health. Should you participate in any survey or post any feedback on or via the Site, you grant Vytal Health and its third-party marketing and advertising partners the right to use, publish, republish and distribute that review, or portions thereof, online, in product catalogs and other marketing and advertising materials.9. User Comments and Submissions. Vytal Health welcomes user and customer comments regarding the Site and Vytal Health products and services. However, any non-personal information you transmit to Vytal Health through the Site is not, and will not be treated as, private, confidential or proprietary. We may make unrestricted use of any non-personal information you transmit to Vytal Health through the Site.
10. Site Errors. Vytal Health attempts to provide the most recent, accurate and reliable information on the Site. However, there may be occasions when information contained on the Site may contain typographical errors, incomplete data or inaccuracies. We do not warrant that the information accessible via the Site is accurate, complete or current. Any errors are unintentional and we apologize if erroneous information is reflected on the Site or in the Content. We reserve the right to correct errors and to update the Site and the Content at any time.
11. Site Only Intended for Those 18 and Older. The Site is intended for use by individuals 18 years of age or older.
12. Warranty and Liability Disclaimers. The use of the Site and the Content is at your own risk.
When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Vytal Health and its suppliers. Accordingly, Vytal Health assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site.
Vytal Health does not assume any liability for the Content provided on, or available through, the Site. Vytal Health disclaims any liability for injury or damages resulting from the use of the Site or Content.
THE SITE, THE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE OR ANY OTHER VYTAL HEALTH SITE ARE PROVIDED ON AN “AS IS”AND “AS AVAILABLE”BASIS, WITH ALL FAULTS. NEITHER VYTAL HEALTH NOR ANY PERSON ASSOCIATED WITH VYTAL HEALTH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY OR ACCURACY OF THE CONTENT OR AVAILABILITY OF ANY SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER VYTAL HEALTH NOR ANYONE ASSOCIATED WITH VYTAL HEALTH WARRANTS OR REPRESENTS THAT ANY SITE, ITS CONTENT OR THE SERVICES PROVIDED ON OR THROUGH SUCH SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. VYTAL HEALTH DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
Without limiting the foregoing, Vytal Health, its licensors and its suppliers make no representations or warranties about the accuracy, reliability, completeness, correctness or timeliness of the Content, software, text, videos, graphics, links or communications provided on or through the use of the Site, the Content or Vytal Health.
In no event shall Vytal Health, its licensors, its suppliers or any third parties mentioned on the Site or in the Content be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits or damages resulting from lost data or business interruption) resulting from the access, use of or inability to use or access the Site or the Content, whether based on warranty, contract, tort or any other legal theory, and whether or not Vytal Health, its licensors, its suppliers or any third parties mentioned on the Site or in the Content are advised of the possibility of such damages.
13. Limitation on Damages. IN NO EVENT WILL VYTAL HEALTH OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, ANY SITE, ITS CONTENT, ANY SERVICES PROVIDED ON OR THROUGH SUCH SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN ANY WEBSITE OR ITS CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY VYTAL HEALTH AND WHETHER OR NOT VYTAL HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
IF YOU HAVE A CLAIM AGAINST VYTAL HEALTH THAT ARISES OUT OF THESE TERMS AND CONDITIONS OR IS OTHERWISE RELATED TO THE SITE OR THE CONTENT, THEN IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VYTAL HEALTH TO YOU BE MORE THAN THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID VYTAL HEALTH FOR SERVICES RELATED TO THE SITE OVER THE PRECEDING 12 MONTHS OR (B) $100.
14. Passwords. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Vytal Health passwords or accounts. It is your sole responsibility to: (a) control the dissemination and use of sign‑in name, screen name and passwords; (b) authorize, monitor and control access to and use of your Vytal Health account and password; (c) promptly inform Vytal Health if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an e‑mail, use the “Contact Us” links located on the Site. You grant Vytal Health and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the Site. Vytal Health cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Site or Vytal Health’s tools and services.
15. Advertisements, Searches and Links to Other Sites. Vytal Health may provide links to third-party websites. Vytal Health also may select certain sites as priority responses to search terms you enter and Vytal Health may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. You acknowledge that Vytal Health does not control any third-party websites and is not responsible for any content, services, products or practices of any third-party websites. Vytal Health does not recommend and does not endorse the content on any third-party websites. Vytal Health is not responsible for the content of linked third-party sites, sites framed within the Site or the Content, third-party sites provided as search results or third-party advertisements and does not make any representations regarding their content or accuracy. Your access or use of any third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Vytal Health does not recommend or endorse any product, service, technique or treatment advertised on the Site or in the Content.
16. Website Availability. Vytal Health periodically schedules system downtime for maintenance and other purposes and the Site may be unavailable due to unplanned system outages or circumstances outside of Vytal Health’s control. Vytal Health shall have no liability to any user or third party whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery or non-delivery of information caused by such system outages.
17. Indemnity. You agree to defend, indemnify and hold harmless Vytal Health and its affiliates and subsidiaries, and their respective officers, directors, owners, agents, employees, affiliates, licensees and licensors, from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site in violation of any of these Terms and Conditions.
18. General. Vytal Health is based in the United States. Vytal Health makes no claims that Vytal Health or the Site or the Content are appropriate or may be downloaded outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
19. Jurisdiction. You expressly agree that exclusive jurisdiction for any dispute with Vytal Health, or in any way relating to your use of the Site, resides in the courts located in Milwaukee, Wisconsin and you further agree and expressly submit and consent to the exercise of personal jurisdiction in the courts located in Milwaukee, Wisconsin in connection with any such dispute, including any claim involving Vytal Health or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You also agree to waive any right to a trial by jury.
These Terms and Conditions are governed by the internal substantive laws of the State of Wisconsin, without respect to any conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
20. Resolving Disputes; Arbitration. You and Vytal Health agree that disputes related to your use of the Site or these Terms and Conditions will be handled through arbitration, except that either you or Vytal Health may bring a lawsuit solely for injunctive relief to stop unauthorized use of the Site or any copyright, trademark or other intellectual property infringement. Prior to commencing an arbitration proceeding, we ask that you attempt to resolve any claim informally by contacting Dr. Alex Yampolsky or Dr. Tiffany Mullen. If your claim is not resolved within 30 days of the day you contact Vytal Health regarding your claim, you or Vytal Health may initiate a formal arbitration proceeding. The arbitration will be governed by the American Arbitration Association, which will administer the arbitration under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer-Related Disputes then in effect, or any similar rules and procedures. The arbitration will be held in Milwaukee, Wisconsin.
You agree that any disputes will be handled on an individual basis, and no part of the arbitration or court proceeding will involve any class action, class arbitration, private attorney general action or any other similar type of consolidation of claims. In other words, you may resolve disputes with Vytal Health on an individual basis only.
You agree that any claim that you have against Vytal Health must be brought within 12 months of the date that the claim arose.
21. Notice and Takedown Procedures; and Copyright Agent. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting Vytal Health’s copyright agent (identified below) and providing the following information:(a) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.(b) Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.(c) Your name, address, telephone number and (if available) e‑mail address.(d) A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.(e) A statement that the information that you have supplied is accurate and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.(f) A signature or the electronic equivalent from the copyright holder or authorized representative.
Vytal Health’s agent for copyright issues relating to this website is as follows:
Vytal Health, LLC.
Attn: Office of Privacy
Or call: 855.998.4900
In an effort to protect the rights of copyright owners, Vytal Health maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Effective Date: July 28th, 2018©2019 Vytal Health, LLC. All rights reserved.