Purpose of the Platform
Use of the Platform
The Company grants you a non-exclusive right to access and use the Platform and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Platform shall be limited to non-commercial purposes unless you are otherwise expressly authorized by the Company to use the Platform for commercial purposes. You agree to use the Platform only for lawful purposes, comply with all rules governing any transactions on and through the Platform and comply with applicable laws.
User Account Responsibility
If you are given or create a password to access the Application (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 Platform is not a place for the practice of Medicine. No formal medical diagnosis, treatment, or prescriptions are allowed on the Platform. All information provided on the Platform or in connection with any communications supported by Vitalxchange, including but not limited to communications with Vitalxchange paid experts, is intended to be for 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 Platform or by Vitalxchange paid experts is solely at your own risk.
The connections to other members and information are 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 Platform 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.
Never use Vitalxchange in a potential or actual medical emergency.
The following guidelines are to be adhered to by every member of the Vitalxchange Platform:
- 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 Platform 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”), the information you personally directly provide on the Platform is not Protected Health Information and therefore is not subject to HIPAA or its protections. Any data provided by covered entities to Vitalxchange on your behalf complies with HIPAA requirements.
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 Platform 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 Website are solely responsible for compliance with all laws, rules and regulations, federal, state, local, or foreign, applicable to the use of this Website and the information, Content, material and services contained herein. The Company intends and has designed this Platform 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 Platform:
- You agree to use this Platform only for lawful purposes.
- You agree to use this Platform only for its intended purposes.
- The Company reserves the right to prohibit any conduct involving this Platform that it deems to be inappropriate.
- You agree not to disrupt this Platform, such as by using any device, software or routine that interferes with this Platform’s proper functioning.
- You agree not to interfere with or compromise the security of this Platform.
- You agree not to disrupt or interfere with any other user’s use of this Platform.
- 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 Platform 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 Platform.
- You agree that you will comply with all applicable local, state, federal and international laws, rules and regulations applicable to this Platform 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 Platform 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 Platform.
- You represent and warrant that all information that you provide to gain access to the services provided by this Platform 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 Platform, you irrevocably grant Vitalxchange the worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right to use, copy, perform or display on our Platform, 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 Platform 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 Platform, is strictly prohibited. You may not use any information contained on this Vitalxchange other than in connection with a legitimate business purpose.
Copyright. Trademarks 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 Platform). Except as specifically permitted by the Company, the Platform 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 Platform’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 Platform 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 Platform. 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 Platform (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 our 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 the Application or any password or right given to you to obtain access to the 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 Jurisdication
Venue and Jurisdiction. Should arbitration not be exercised by the Company, all claims relating to this Platform, to the use of this Platform, and to the information, Content material and services available through this Platform 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 Platform and any information received from or through this Platform. 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 PLATFORM, 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 PLATFORM OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE PLATFORM. 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 PLATFORM 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 PLATFORM WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. COMPANY FURTHER MAKES NO WARRANTY THAT THE PLATFORM 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 PLATFORM 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 PLATFORM OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE PLATFORM OR THE CONTENT IS TO CEASE YOUR USE OF THE PLATFORM AND/OR THE CONTENT.
Limitation of Liability
Change of Terms
We control, operate and administer this Platform from our office in the United States. If you access the Platform 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 Platform or use our Content in any manner that is restricted by any applicable statutes or regulations.
4283 Eagle Point
North Royalton, OH 44133