Purpose of the Application.
Use of the Application.
The Company grants you a non-exclusive right to access and use the Application and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Application shall be limited to non-commercial purposes unless you are otherwise expressly authorized by the Company to use the Application for commercial purposes. You agree to use the Application only for lawful purposes, comply with all rules governing any transactions on and through the Application and comply with applicable laws.
User Account Responsibility.
If you are given or create a password to access the Application, you are responsible for maintaining the confidentiality of your new account and your password. You are responsible for all activities that occur under your account and you agree to notify Company immediately of any unauthorized use of your account. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
Not for Medical Care
The Application is not a place for the practice of Medicine. No formal medical diagnosis, treatment, or prescriptions are allowed on the Application. All information provided on the Application or in connection with any communications supported by vitalxchange, including but not limited to communications with vitalxchange paid experts, is intended to be for general informational purposes only, and is no way intended to create a physician-patient relationship as defined by state and federal law. The Company is not a substitute for professional medical diagnosis or treatment; and reliance on any information provided on the Application or by vitalxchange paid experts is solely at your own risk.
The connections to other members and information is intended to support the health decisions and choices that you make. These decisions and choices are yours, and we believe that you are the best decision maker about your health and that these decisions should be made in connection with the advice you receive within a formal doctor-patient relationship.
Users should carefully evaluate the accuracy, currency, completeness and relevance of the material on the Application for their purposes. The Company does not guarantee that the information is or will be complete, accurate, error-free, useful for a certain purpose or available at any particular time. [The Company makes no representation that the information contained on the site is appropriate or available for use in all countries, and access to information from places where our Content is illegal is prohibited.]
Never use vitalxchange in a potential or actual medical emergency.
The following guidelines are to be adhered to by every member of the vitalxchange Application:
· Engaging in a kind, respectful and appropriate manner
· Not engaging in commercial use, promotion, or solicitation
· Informing us when you see something questionable
· Respecting the privacy of others on the Application
· Not posting inappropriate or lewd content
· Not threatening, stalking, or harassing
· Not compromising the security and privacy of the Application
· Not collecting, processing, or mining information shared on the Application
· Complying with local, state, and federal laws
While much of the information you provide through the Application may be health related, or indeed provided to you by a healthcare provider or other entity regulated by the Health Insurance Portability and Accountability Act (“HIPAA”), all information processed on the Application is not Protected Health Information and therefore is not subject to HIPAA or its protections. Company is not subject to HIPAA and does not represent or warrant HIPAA compliance in its operation of the Application.
Monitoring and Moderation; Termination and Restriction of Access
The Company reserves the right in its sole discretion to edit, delete, modify, suspend or discontinue any information, Content, material, feature, aspect, product or service comprising, or available through, this Application at any time. The Company shall not be liable for any losses or damages resulting from the exercise of this moderation.
Compliance with Law
Visitors to this Application are solely responsible for compliance with all laws, rules and regulations, federal, state, local, or foreign, applicable to the use of this Application and the information, Content, material and services contained herein. The Company intends and has designed this Application for users 18 years of age and older and does not authorize use by anyone younger than 18.
Code of Conduct
The following represent a code of conduct for using the Application:
· You agree to use this Application only for lawful purposes.
· You agree to use this Application only for its intended purposes.
· The Company reserves the right to prohibit any conduct involving this Application that it deems to be inappropriate.
· You agree not to disrupt this Application, such as by using any device, software or routine that interferes with this Application’s proper functioning.
· You agree not to interfere with or compromise the security of this Application.
· You agree not to disrupt or interfere with any other user’s use of this Application.
· You agree not to collect, record, process or mine information about other users.
· You agree not to solicit personal information about children, or to submit or transmit, pornography or salacious or licentious information, material or Content.
· You agree not to send bulk e-mails, surveys or other mass messages or to engage in keyword spamming.
· You agree not to threaten, stalk, harm, or harass others, or promote bigotry or discrimination.
· You agree not to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
· You agree not to decompile, disassemble or reverse-engineer any part of this Application in order to identify, acquire, copy or emulate any source code or object code.
· You agree that you are solely responsible for any actions you undertake, and for the text, images, photos, and all other forms of data or communication that you submit or transmit while using this Application.
· You agree that you will comply with all applicable local, state, federal and international laws, rules and regulations applicable to this Application and the Internet, including United States copyright laws and export restrictions.
· You agree not to promote a business or any other commercial enterprise or event, or otherwise use this Application for commercial purposes, except as expressly permitted by vitalxchange.
· You acknowledge that, once published, your Content cannot always be withdrawn.
· You assume all risks associated with your Content, including anyone’s reliance on its quality, accuracy or reliability, or any disclosure by you of information in your Content that enables readers to recognize you.
· You represent that you own or have permission to use and authorize the use of your Content on this Application.
· You represent and warrant that all information that you provide to gain access to the services provided by this Application is accurate and truthful. Please note that you may expose yourself to liability if, for example, your Content contains materials that is false, misleading, or defamatory, or that violates a third party’s rights, such as copyright, patent, trademark, trade secret, moral right, rights of privacy or of publicity, or any other intellectual property or proprietary right, or contains material that is unlawful (such as hate speech or pornography), exploits or otherwise harms children, or violates or advocates the violation of any statute or regulation.
· By using this Application, you irrevocably grant vitalxchange the worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right to use, copy, perform or display on our Application, distribute, modify, translate, and create derivative works of your Content for any purpose.
· We reserve the right to remove, screen, edit, reinstate or otherwise regulate your Content from time to time at our sole discretion, without notice to you, for any reason or no reason. We disclaim all obligations to keep or provide you copies of your Content.
· We limit access to this Application solely for legitimate purposes to access the information provided by vitalxchange. Any access or attempt to gain access to other areas of the vitalxchange computer system or other information contained on the system, or any of vitalxchange’s computers, servers, accounts, networks, data, software, or other hardware, for any purposes, whether or not associated with this Application, is strictly prohibited. You may not use any information contained on this vitalxchange other than in connection with a legitimate business purpose.
Purchasing a Product or Service on Vitalxchange
When you purchase from an organization, professional or other individual (an “Expert”) on Vitalxchange, you’re directly supporting an independent business, each with its unique listings, policies, and processing times. By making a purchase from an Expert on Vitalxchange, you agree that you have:
- Read the item description and purchase policies before making a purchase; and
- Submitted appropriate payment for item(s) purchased.
Vitalxchange’s Application allows users to connect and communicate with Experts one on one or in a group setting, as well as for other services. Members may be presented with one of two payment models: (1) one-time payment, or (2) recurring subscription.
· One-Time Payment. A user can make a one-time purchase to pay for a service or product being offered by Expert on the Vitalxchange Application. Once customer has submitted payment information, the user will have direct access to the product or service being offered by the Expert.
· Recurring Subscription: A user can make periodic (e.g., monthly, annually) payments that is automatically charged to them on the renewal date for Expert products and services. This auto-renewal shall remain in effect until (a) canceled by the user, (b) terminated by Vitalxchange, or (c) products or services are no longer provided by the Expert.
Vitalxchange reserves the right to add or remove payment methods accepted by Vitalxchange in its sole discretion, with notice when required by applicable law. Expert will only render services once a payment transaction is complete.
You agree to resolve any disputes directly with an Expert or with the assistance of Vitalxchange’s support team (“Vitalxchange Support”). Refunds or adjustments may be initiated through Vitalxchange Support for a period of 30 days after the purchase was made. Refunds may be issued for the following reasons: (a) non-delivery of product or service, or (b) product or service is not-as-described, as determined by Vitalxchange Support in its sole and reasonable discretion. Vitalxchange does not process refunds after 30 days from the original purchase date. To request a refund email email@example.com and include: (1) the Expert name, (2) the product or service description, (3) the date the product or service was paid for, and (4) the reason for your refund request.
Copyright, Trademark, and Intellectual Property
The Company owns and retains or licensed all copyrights in the Content (including, without limitation, any computer source code, object code, html code or other code comprising this Application). Except as specifically permitted by the Company, the Application or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives. The Company grants you permission to display or download our Content for your personal use only.
Vitalxchange and the Application’s domain name are service marks, trade names, service marks, or otherwise protected property of the Company and may not be used, copied or imitated without the prior written consent of vitalxchange.
Other trademarks, trade names, company names, service marks and otherwise protected property displayed on this Application are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property.
We may display information, Content and material supplied by members and other third parties on the Application. Other than monitoring the Content and material as disclosed in these Terms, Vitalxchange maintains no editorial control over this information, Content and material. The information, Content and material supplied by visitors and other third parties belong to the respective owners thereof.
Third Party Applications Disclaimer.
You acknowledge that your access and use of any third party applications or software on our Application (the “Third Party Applications”) is at your discretion and risk, and Company has no liability to you arising out of or in connection with your use of the Third Party Applications. Company hereby disclaims any representation, warranty, or guaranty regarding the Third Party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third Party Applications, and you agree to indemnify and hold vitalxchange harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third Party Applications.
Account, Password, and Non-Transferability of Access
If you visit or use this Application, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for anything that happens under your account or password. You may not transfer your right to use this Application or any password or right given to you to obtain access to this Application. You acknowledge that vitalxchange is not responsible for third-party access to your account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts and remove or edit Content in our sole discretion.
Arbitration, Venue and Jurisdiction
Venue and Jurisdiction. Should arbitration not be exercised by the Company, all claims relating to this Application, to the use of this Application, and to the information, Content material and services available through this Application remain governed by the laws of the State of Ohio. You hereby unconditionally, voluntarily and irrevocably consent to the exclusive jurisdiction and venue of the courts of general jurisdiction in Cuyahoga County, Ohio, in any claim or dispute concerning, relating to, or arising from this Application and any information received from or through this Application. You agree not to plead forum non conveniens in any such action and you consent to service of process.
Limitation on Time to File Claims.
ALL INFORMATION OR SERVICES PROVIDED BY COMPANY TO YOU VIA THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE APPLICATION OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE APPLICATION. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE APPLICATION AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER COMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE APPLICATION WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. COMPANY FURTHER MAKES NO WARRANTY THAT THE APPLICATION WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT COMPANY, ITS AFFILIATES AND THEIR THIRD PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE APPLICATION OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE APPLICATION OR THE CONTENT IS TO CEASE YOUR USE OF THE APPLICATION AND/OR THE CONTENT.
Limitation of Liability
Change of Terms
We control, operate and administer this Application from our office in the United States. If you access the Application from outside the United States, you are responsible for compliance with the laws of any applicable jurisdiction. You agree that you will not access the Application or use our Content in any manner that is restricted by any applicable statutes or regulations.
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