Terms and Conditions
Last updated Mar 31, 2009
- Acceptance of Terms
- Description of Services.
- VitalityLink.com does not provide medical advice
The contents of the VitalityLink.com site, such as text, graphics, images, information obtained from VitalityLink’s content providers, and other material contained on the VitalityLink.com site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the VitalityLink.com site!If you think you may have a medical emergency, call your doctor or 911 immediately. VitalityLink does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by VitalityLink, VitalityLink employees, others appearing on the Site at the invitation of VitalityLink, or other visitors to the Site is solely at your own risk.The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
- Personal Use.
The Services is made available to you for your personal use. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Services. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Services. You are responsible for maintaining the confidentiality of your Services password and account, and are responsible for all activities that occur thereunder. VL reserves the right to refuse service to anyone at any time without notice for any reason.
- Proper Use.
You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Services is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Services in compliance with all applicable local, provincial, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to:
- Use the Services to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by VL;
- Upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;
- Prevent others from using the Services;
- Post information that is pornographic or sexually explicit in nature;
- Post information that is false or intentionally misleading;
- Provide any posted content that is unlawful or that promotes or encourages illegal activity;
- Impersonate any person or entity, including, but not limited to, a VitalityLink official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, post, or otherwise transmit any material that contains software viruses, worms, defects, Trojan Horses or any other computer code, files, or programs of a destructive nature designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Service or the VitalityLink Site or servers or networks connected to the Service, use any device, software, or routine that interferes with the proper working of the Service or the VitalityLink Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
- "Stalk" or otherwise harass another user, individual, merchant, student, or instructor;
- Collect, harvest, or store personal data about users or members for any reason other than to solicit and share reviews or to gain more information about a learning or teaching opportunity;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the VitalityLink Site and/or Service;
- Create or submit unwanted email or messaging (“Spam”) to any other VitalityLink user or otherwise interfere with the enjoyment of other Members or Users of the VitalityLink Site or the Service;
- Modify, adapt, sublicense, translate, sell, decompile, disassemble, or reverse engineer any portion of the VitalityLink Site and/or the Service;
- Access, retrieve, or index any portion of the VitalityLink Site and/or Service for purposes of constructing or populating a searchable database of business reviews;
- Reformat or frame any portion of the web pages that are part of the VitalityLink Site and/or Service;
- Create user accounts by automated means or under false or fraudulent pretenses;
- Use of the VitalityLink Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, or take any action that imposes or may impose, in VitalityLink’s sole discretion, an unreasonable or disproportionately large load on VitalityLink’s IT infrastructure;
- Copy or store any Content offered on the VitalityLink Site for other than your own use;
- Intentionally or unintentionally violate any applicable local, state, national, or international law;
- Use the Services for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. VL reserves the right, but shall have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
- Content of the Services.
VL takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does VL have any obligation to monitor such content. VL reserves the right at all times to remove or refuse to distribute any content on the Services, such as content which violates the terms of this Agreement. VL also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of VL, its users and the public. VL will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement. By agreeing to these terms, you realize that you are solely responsible for your ratings and reviews of the businesses listed on VitalityLink. VitalityLink reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed. In addition, you agree that all hyperlinks and other offers comprising the Service (e.g. hyperlinks provided in connection with VitalityLink’s RSS feeds) may not be modified from the original form in which such hyperlinks and other offers are generally made available by VitalityLink.
- Intellectual Property Rights.
VitalityLink does not claim ownership of the Content you place on your VitalityLink Profile or events. By uploading, submitting or otherwise disclosing or distributing content of any kind on the VitalityLink website or otherwise through the Service, you:
- Grant to VitalityLink, its affiliates and their assignees the perpetual, irrevocable, fully assignable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of, and otherwise exploit such Content in any form for the purpose of providing the Services, including without limitation, any concepts, ideas, or know-how embodied therein;
- Represent and warrant to VitalityLink that you own or otherwise control all rights to such Content (including the ability to grant VitalityLink this license) and that disclosure and use of such Content by VitalityLink (including without limitation, publishing Content at the VitalityLink website) will not infringe or violate the rights of any third party;
- Acknowledge that the Content may not be treated confidentially; and
- Agree not to provide VitalityLink with any confidential or proprietary information that you desire or are required to keep secret.
- Representations and Warranties.
You represent and warrant that (a) all of the information provided by you to VL to participate in the Servicess is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
As consideration for using the Services, you agree and understand that VL may display ads and other information adjacent to and related to the content of your postings. VitalityLink may serve relevant ads using a completely automated process that enables VL to effectively target dynamically changing content of postings. No human will read the content of your postings in order to target such advertisements or other information without your consent, and no content or other personally identifiable information will be provided to advertisers as part of the Services.
- Account Inactivity.
After a period of inactivity to be determined by VL, VL reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice to you or such other party.
- Proprietary Rights
You agree that all Content and materials delivered via the Service or otherwise made available by VitalityLink are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by VitalityLink in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. However, you may print or download a reasonable number of copies of the materials or Content at VitalityLink's website for your internal business purposes; provided, however, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other Content from the VitalityLink Site to create or compile, directly or indirectly, a collection, database or directory without written permission from VitalityLink is prohibited. Any third party that contacts our users for commercial reasons, including to sell them products or services, is in violation of these terms and each individual violation is subject to $3,000 in penalties per instance.Reproducing, copying, or distributing any Content, materials, or design elements on the VitalityLink Site for any use or purpose not expressly permitted by these Terms is strictly prohibited without the express prior written permission of VitalityLink. Any rights not expressly granted herein are reserved.You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. VitalityLink grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer; provided, however, that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by VitalityLink to access the Service. VitalityLink hereby reserves all rights not otherwise expressly granted in this Section 12.
- Termination / Cancellation.
You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by providing notice to VL at privacy @ vitalitylink.com provided, however, that a terminated account may continue to exist for up to seven (7) business days before such cancellation takes effect. VL may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless VL has previously canceled or terminated your use of the Services (in which case subsequent notice by VL shall not be required), if you have provided a valid primary email address, VL will notify you via email of any such termination or cancellation, which shall be effective immediately upon VL's delivery of such notice. Sections 3, 4, 5, 7, and 10 - 12 of the Agreement, along with applicable provisions of the general Terms of Services (including the section regarding limitation of liability), shall survive expiration or termination.
You agree to hold harmless and indemnify VL and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, VL will provide you with written notice of such claim, suit or action.
- Choice of Law; Jurisdiction.
- Other Licenses.
VL may incorporate software code from third parties in the Services on the terms of the licenses referenced in the following Appendixes.