WEB SITE TERMS-OF-USE AGREEMENT
USE OF SITE
This Site is provided solely for the use of current and future customers of Vital Element to provide you with information about our company, to permit you to place orders for our products and services, and to enable you to contact us with any questions or comments that you may have. Any other use of this Site is prohibited. By way of example, you should not use any features of this Site that permit communications or postings to post, transmit, display, or otherwise communicate:
- violate or infringe the copyrights, trademarks, rights of privacy or publicity, or any other rights of any person;
- post or submit libelous, defamatory, pornographic, obscene, harassing or otherwise actionable or objectionable material;
- post or transmit unsolicited or unauthorized advertising or promotional material or any junk mail, spam or chain letters;
- use automated scripts, spiders, bots or similar means to harvest or collect member information or other information from the Site; however, you may capture contact data and other information where the Site expressly permits, encourages or requires it;
- use the Site in a manner that could damage, disable or overburden the Site or violate the law;
- provide inaccurate or misleading information when registering as a member or submitting information;
- unauthorized use or disclosure of private, personally identifying information of others
- encourage illegal activity;
- impersonate or misrepresent your affiliation with any person or entity; or
- upload or transmit software viruses, worms, Trojan horses or other computer code or files designed to disable, destroy or interfere with any software or equipment.
SITE CONTENTS AND OWNERSHIP
The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials ("Materials") are the property of Vital Element and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. These Materials shall not be used for any purpose other than authorized in this Agreement or by the written consent of Vital Element. You must retain all copyright and other proprietary notices on all copies of the Materials. You shall comply with all copyright laws worldwide in your use of this Web site and prevent unauthorized copying of the Materials. Except as provided in this Notice, Vital Element does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
Third Party Content and MedicalWebTimes.com
Third-Party Content, RSS feed re-display, Third-Party Providers, Advertising and Links
While the Web site contains rss feed aggregated content and links to the web sites of other companies and parties, Vital Element Inc. / Medical Web Times has no control over those web sites. Vital Element Inc. / Medical Web Times is not responsible or nor shall it be liable for any content, advertising, products, services or other materials on or available from those websites. Vital Element Inc. / Medical Web Times does not guarantee that it will not include or link to unintended or objectionable content. Vital Element Inc. / Medical Web Times is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those websites.
Vital Element website, including MedicalWebTimes.com, include a number of third-party providers (each a "Third-Party") rss feed content text redisply . Vital Element, Inc. / MedicalWebTimes.com makes no warranty concerning content/text coming from those feeds, their accuracty, nor do we endorse the the content/rss text provided by Third-Party providers.
Vital Element, Inc. / Medical Web Times does not review the content being redisplayed by/from third-party rss feeds and does not take responsibility whatsoever for the content being displayed by third-party rss feeds.
YOU AGREE THAT ANY RECOURSE FOR DISSATISFACTION OR PROBLEMS WITH THOSE (RSS) FEEDS, GOODS OR SERVICES WILL BE SOUGHT FROM THE THIRD PARTY PROVIDER DIRECTLY, NOT FROM VITAL ELEMENT / MEDICAL WEB TIMES, AND THAT YOUR SOLE REMEDY AGAINST VITAL ELEMENT / MEDICAL WEB TIMES SHALL BE TO DISCONTINUE YOUR USE OF THE WEBSITE/SERVICES.
The information on this web site does not constitute medical advice or endorsement of a particular supplier or vendor. Listing of a physician, entity or service on this site is not a warranty by Vital Element of the quality or efficacy of care, products or services furnished by that physician, entity or service. You expressly agree that use of this Web site is at your sole risk. Neither Vital Element, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, "Providers"), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, Vital Element does not warrant reliability of any statement or other information displayed or distributed through the site. Vital Element reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Vital Element may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS. VITAL ELEMENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VITAL ELEMENT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.
Without limiting the above, Vital Element assumes no liability for the following:
- any error, omission, interruption, deletion, defect, delay, communications failure, theft or destruction or unauthorized access to, or alteration of, user or Member postings or communications;
- the accuracy, integrity, completeness, or quality of any information, outputs or Materials available from or through the Site; rather, responsibility for verification resides with the user of the information, output or Materials.
- problems with telephone lines, computer systems, third party providers, or any technical problems or traffic congestion on the Internet or any website;
- injury or damage to users’, members’ or other persons’ computers or networks resulting from participating or downloading materials in connection with the Site;
LIMITATION OF LIABILITIES
YOU AGREE THAT VITAL ELEMENT AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL VITAL ELEMENT OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER VITAL ELEMENT OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Vital Element , its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
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LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies, Vital Element may immediately discontinue, suspend, terminate, or block your and any user's access to this site at any time in our sole discretion.
As a convenience to you, we may provide on this site links to Web sites operated by other entities (collectively the "Linked Sites"). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by Vital Element. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Vital Element. Vital Element does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by Vital Element. Links do not imply that Vital Element or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Vital Element or any of its affiliates or subsidiaries. Except for links to information authored by Vital Element, Vital Element is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. Vital Element reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the Web masters of any Linked Sites concerning any information, goods, and/or services appearing thereon.
CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflicts of laws provisions. Vital Element makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Muskegon County, Michigan for any disputes with Vital Element arising out of your use of this site.
This Agreement constitutes the entire agreement between Vital Element and you with respect to this Web site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Vital Element with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Vital Element does not and will not assume any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Web site, including but not limited to any consent you give to receive communications from Vital Element solely through electronic transmission. You agree that when in the future you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.