VITAL HEALTH INTERNATIONAL LLC WEBSITE “TERMS OF USE”
Website Usage and Limitation of Liability
Website Terms of Use www.vitalhealthint.com and linked sites
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
Use. The Terms of Use may be updated by Vital Health from time to time without notice to
you. You can review the most current version of the Terms of Use
at: www.vitalhealthint.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.
ACCEPTANCE OF TERMS: You acknowledge you have read, and agree to be bound by these Terms of
Use as well as our Privacy Policy, posted on this Site. Vital Health reserves the right to
make changes to our website, Privacy Policy and their Terms of Use at any time. To the
extent that any term is deemed invalid or unenforceable by a court of law with jurisdiction
over the matter, that term shall be severable and not affect the validity of remaining
terms. You agree to comply with all applicable laws and regulations, including without
limitation, limitation of liability, jurisdiction, and U.S. export and re-export control
laws and regulations regarding the transmission of technical data exported from the United
States or the country in which you reside. You further agree to comply with all local laws,
regulations and rules regarding online conduct and acceptable Content. You represent you
have the legal authority to accept these Terms of Use on behalf of yourself or any party you
represent. IF YOU DO NOT AGREE TO OUR TERMS OF USE AND PRIVACY POLICY, DO NOT USE THE SITE.
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
legal@vitalhealthglobal.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.
SOFTWARE
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.
Software Related Disclaimers and Limitation on Liability: The Disclaimer of Warranties and
Limitation on Liability of these Terms of Use shall apply to Vital Health software and
software modified by Vital Health; provided, however, that the following cap on liability
shall apply to such 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.
OPEN SOURCE COMPONENTS:
Notwithstanding the software licenses granted in these Terms of Use, you acknowledge that
certain components of software may be covered by so-called “open source” software licenses
(“Open Source Components”), which means any software licenses approved as open source
licenses by the Open Source initiative or any substantially similar licenses, including
without limitation any license that, as a condition of distribution of the software licensed
under such license, requires that the distributor make the software available in source code
format. To the extent required by the licenses covering Open Source Components, the terms of
such license will apply in lieu of the software license grants in these Terms of Use. To the
extent the terms of the licenses applicable to Open Source Components prohibit any of the
restrictions in these Terms of Use with respect to such Open Source Component, such
restrictions will not apply to such Open Source Component.
PATENTS: The products sold by Vital Health are covered by intellectual property rights,
including patents. Vital Health defends its intellectual property rights. The absence of a
patent from this list does not constitute a waiver of Vital Health’ rights concerning that
patent.
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.
YOUR RESPONSIBILITY FOR PRODUCTS AND PROCESSES: WITHOUT AFFECTING VITAL HEALTH’
RESPONSIBILITIES TO YOU UNDER THESE WEBSITE TERMS OF USE, AND TO THE FULLEST EXTENT
PERMITTED BY LAW, YOU ACCEPT THAT YOU, AND NOT VITAL HEALTH ARE SOLELY RESPONSIBLE FOR (I)
ANY PRODUCT OR PROCESS WHICH USES OR INCORPORATES VITAL HEALTH GOODS OR CONTENT, (II)
REVIEWING/ TESTING GOODS AND CONTENT AND DETERMINING THEIR SUITABILITY FOR USE IN YOUR
APPLICATION, PRODUCT OR PROCESS, AND (III) DETERMINING WHETHER YOUR PRODUCTS OR SYSTEMS
EMPLOYING VITAL HEALTH GOODS OR CONTENT INFRINGES PATENTS, COPYRIGHTS, OR OTHER PROPRIETARY
RIGHTS OF THIRD PARTIES.
Privacy Policy
Visit our Privacy Policy which also governs your visit to our Site.
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.
