Website Usage and Limitation of Liability
INTENDED AUDIENCE/USE: Vital health international LLC (“Vital Health”) a Wyoming
Incorporated company, provides this website (the “Site”) to you, subject to these Terms of
at: www.vitalhealthglobal.com. This Site and all the information, communications, software,
scripting, photos, text, video, graphics, music, sounds, images and other materials and
services found on this Site (collectively “Content”), is intended for the lawful use of
Vital Health’ customers, Affiliates, employees and members of the general public who are
over the age of 13, and citizens of the United States, Canada, Australia and New Zealand.
Vital Health operates and controls this Site from its offices within the United States of
America. Vital Health makes no representation that the Content is appropriate or available
for use in other locations, and access to the Site from territories where the Content is
illegal is prohibited. Those who choose to access this site from other locations do so on
their own initiative and are responsible for compliance with applicable local laws. Some
Content from this Site may be subject to export controls imposed by the United States and
may not be downloaded or otherwise exported or re-exported: (1) into, or to a national or
resident of, any country to which the U.S. has placed an embargo; (2) to anyone on the U.S.
Treasury Department’s Specially Designated Nationals list; or (3) the U.S. Commerce
Department’s Table of Denial Orders. Vital Health is not and cannot be liable for any third
party use of its Content from this Site, in violation of any applicable law.
You acknowledge that Vital Health reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.
GOVERNING LAWS / EXCLUSIVE JURISDICTION: Any claim relating to use of this Site and/or its Content, unless otherwise expressly stated by Vital Health, shall be governed by the laws of the State of Wyoming without regard to any conflicts of laws provisions. The federal and state courts of the state of Wyoming shall have exclusive jurisdiction to adjudicate any dispute arising out of use of this, or in any way relating to this Site and its Content Site (unless otherwise expressly stated by Vital Health). By using this Site, you expressly consent to (i) the personal jurisdiction and venue of the courts of Wyoming and (ii) service of process being effected upon you by registered mail or electronic communication if we do not have a postal address for you.
ELECTRONIC COMMUNICATIONS: Visiting our Site or sending us an e-mail is an electronic communication. You consent to receive electronic communications from us through e-mail and website postings. You agree that such electronic communications satisfy any legal requirement that agreements, notices, disclosures, or other communications be in writing.
OWNERSHIP OF INFORMATION: The contents of the Site and translated versions are copyrighted © 2023, Vital health international LLC. No licenses are conveyed under any intellectual property rights, unless expressly stated by Vital Health. The information contained on this Site, including images hereon, is copyrighted and may not be distributed, modified, reproduced in whole or in part, without the prior written permission of Vital Health, except as listed below:
CONTENT: Any person is authorized to print out for personal use or to make copies of Content on this web page for personal use, provided that the Content contains Vital Health’ copyright notice, and that they are not otherwise prohibited from using the Content found on this Site by any law or regulation of the United States or other territories where such use is prohibited. This license does not include permission to sell Content; collection or use of product listings or descriptions; derivative use of this Site or its Contents; or use of data mining, robots or similar data gathering and extraction tools. You may not frame or use framing techniques to enclose any Trademark or other proprietary information (images, text, layout) of Vital Health without our express written consent. You may not use meta tags or hidden text including our company name or Trademarks without our express written consent. Any unauthorized use terminates the license granted hereunder. A limited, revocable, nonexclusive right to create a hyperlink to any page or our Site is given so long as you do not show Vital Health or our products in a derogatory, offensive, misleading or false manner which shall be determined solely by Vital Health. You may not use our trademarks as part of the link without our express written permission.
COPYRIGHTS AND COPYRIGHT AGENTS: Vital Health respects the intellectual property of others and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act, Vital Health has designated a Copyright Agent to receive notice of claims of copyright infringement on the Site. Vital Health’s Copyright Agent, may be reached at email@example.com.
If you believe that any content on the Site infringes the copyright in a work that is owned or controlled by you or if you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide Vital Health’s Copyright Agent the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
1.An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2.A description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
3.The exact URL or a description reasonably sufficient to permit Vital Health to locate where the alleged infringing material is located on the Site;
4.Your name, address, telephone number and email address;
5.A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6.A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.
PROMOTIONS: This Site may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
Vital Health Software: Use of software including, but not limited to, source code from the
Site is subject to the copyright notices, disclaimers, and any license terms accompanying
such software, whether set forth at the install of each program or posted in a header or
text file. If such notices or terms accompany the software, then in addition to these Terms
of Use the terms set forth below shall apply:
Vital Health retains all ownership and intellectual property rights in the software and in all derivatives thereto. You may use this software, and any derivatives created by any person or entity by or on your behalf, exclusively with Vital Health’ proprietary products. You agree that you are solely responsible for testing the software and determining its suitability. Vital Health has no obligation to modify, test, certify, or support the software.
Software Modified by Vital Health: If you use this Site to give Vital Health access to your software and Vital Health modifies such software at your request, then Vital Health’ copyright notice, disclaimer, and any license terms that accompany such modified code shall apply. If no such notices or terms accompany the modified code, then the terms set forth below shall apply:
You agree that you are solely responsible for testing the modified software and determining its suitability. Vital Health has no obligation to modify, test, certify, or support the modified software.
TO THE FULLEST EXTENT ALLOWABLE BY LAW, VITAL HEALTH’ TOTAL LIABILITY ON ALL CLAIMS, WHETHER IN CONRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, SHALL NOT EXCEED THE PRICE YOU PAID DIRECTLY TO VITAL HEALTH SPECIFICALLY TO ACCESS THE SOFTWARE OR HAVE THE SOFTWARE DEVELOPED OR MODIFIED.
TRADEMARKS AND LOGOS: The trademarks, service marks, and logos (the “Trademarks”) displayed and used on this Site are registered and unregistered trademarks of Vital Health. The absence of a Trademark from this list does not constitute a waiver of Vital Health’ trademark or other intellectual property rights concerning that trademark. Fair use of Vital Health’ Trademarks to refer to Vital Health products requires obvious acknowledgement of Vital Health’ ownership of the Trademarks in the document or publication. Any other use of a Trademark publicly may only be undertaken with advance written permission from Vital Health. Nothing on this Site should be construed as granting any license or right to use any Trademark without the written permission of Vital Health.
DISCLAIMER OF WARRANTY: THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. VITAL HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. VITAL HEALTH AND ITS SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE MATERIALS ON THIS SITE, INCLUDING THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THESE MATERIALS. VITAL HEALTH MAY MAKE CHANGES TO THE MATERIALS PROVIDED ON THIS SITE, OR TO THE PRODUCTS DESCRIBED THEREIN, AT ANY TIME WITHOUT NOTICE. VITAL HEALTH HAS NO OBLIGATION TO UPDATE THE MATERIALS ON THIS SITE. LIMITATION OF LIABILITY.
IN GENERAL: YOU ACKNOWLEDGE AND AGREE THAT, IN NO EVENT, SHALL VITAL HEALTH BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL LOSS, DAMAGE, COST OR EXPENSE OF ANY KIND WHATSOEVER, HOWSOEVER CAUSED, LOSS OF PROFIT, LOSS OF REVENUES, CONTRACTS, BUSINESS, LOSS OF GOODWILL OR ANTICIPATED SAVINGS, OR WASTED MANAGEMENT TIME, EVEN IF VITAL HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OR THEY ARE FORESEEABLE. VITAL HEALTH’ TOTAL LIABILITY ON ALL CLAIMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF GOODS OR CONTENT. THESE LIMITATIONS SHALL NOT APPLY WHERE EXPRESSLY PROHIBITED BY LAW.
User Transmissions: You are prohibited from posting or transmitting to or from this Site any unlawful, proprietary, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, and any other material that would violate any law or constitute infringement of intellectual property rights, or contain software viruses. You may not use a false e-mail address, impersonate another or mislead us as to your identity or the origin of any transmission.
Links to other Websites: Vital Health makes no representation whatsoever regarding the content of any other websites that you may access from the Site. When you access a non-Vital Health website, please understand that it is independent from Vital Health and that Vital Health has no control over the content of that website. A link to a non-Vital Health website does not mean that Vital Health endorses or accepts any responsibility for the content or use of such website.