PLEASE READ THESE TERMS CAREFULLY, WHICH INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE WEBSITE/WEB PROPERTIES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH US VITAL ELEMENT, a division of Practis LLC, [AND ANY ASSOCIATED WEB PROPERTY] REGARDING YOUR USE OF THE WEBSITE & WEB PROPERTIES AND YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE WEBSITE OR OUR WEB PROPERTIES.
1. NO MEDICAL ADVICE DISCLAIMER.
a. This Website and associated Web Properties is intended to provide our users with educational information only and IS ONLY PROVIDED AS A CONVENIENCE, is not to be considered as a valid resource for information or contact or communication with VITAL ELEMENT, a division of Practis LLC, ANY OF ITS ASSOCIATED WEB PROPERTIES, NOR ANY PHYSICIAN, PHYSICIAN PRACTICE, OR PHYSICIAN GROUP OR PRACTICE STAFF. This site and all of its information is NOT INTENDED TO OFFER MEDICAL ADVICE to any specific person. This site may provide you with information or facilitate information about a health care provider, but is not a substitute for the professional judgment of a health care provider. Call your health care provider or dial “911” immediately if you think you have a medical emergency. Always seek the advice of your physician or other qualified health care provider prior to starting any new treatment, or if you have any questions regarding symptoms or a medical condition.
b. You should not rely on the information provided on this Website or any Web Property and agree to always obtain separate medical advice from your qualified health care provider, and you agree you willl always seek the advice of your own qualified health care provider independent of the information on this Website or its associated Web Properties. This Website and Web Properties is not and should not be viewed as an offer to perform services.
c. Nothing in the content, products, links, or services offered or mentioned through or on this website or any associated web properties should be considered, or used as a substitute for medical advice, diagnosis or treatment. This site and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. None of the information, products or services offered through this website represent or warrant that any particular service or product is safe, appropriate or effective for you.
2. CONVENIENCE AND INFORMATION ONLY DISCLAIMER
Jump to additional disclaimers below
a. This Website and associated Web Properties is provided to you as a convenience, and for your information only. By merely providing access to the Website/Web Properties, we do not warrant or represent that: (i) any materials, documents, images, graphics, logos, design, audio, video, and any other information provided from or on the Web Properties (collectively, the “Content”) is accurate or complete; (ii) the Content is up-to-date or current; (iii) we have any obligation to update any Content; (iv) the Content is free from technical inaccuracies or programming or typographical errors; (v) the Content is free from changes caused by a third party; (vi) your access to the Website/Web Properties will be free from interruptions, errors, computer viruses or other harmful components; (vii) any information obtained in response to questions asked through this Website or associated Web Properties is accurate or complete; and/or (viii) the Content is non-infringing of any third party’s intellectual property rights.
b. The materials contained on this Website and any associated Web Property is designed as a convenience to enable you to learn more about our practice and the services that VITAL ELEMENT, a division of Practis LLC, [AND ANY ASSOCIATED WEB PROPERTY] offers. Your use of this Website and any Web Property does not create or constitute a relationship of any kind whatsoever other than YOU ARE ENTERING INTO A LEGAL CONTRACT WITH US, VITAL ELEMENT, a division of Practis LLC, [AND ANY ASSOCIATED WEB PROPERTY], REGARDING YOUR USE OF THE WEBSITE & WEB PROPERTIES AND YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS.
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:
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 Our Cool Medicine News and Article Posts
While the Web site contains rss feed aggregated content and links to the web sites of other companies and parties, Vital Element Inc. and our Cool Medicine News has no control over those web sites. Vital Element Inc. / Cool Medicne 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. / Cool Medicine does not guarantee that it will not include or link to unintended or objectionable content. Vital Element Inc. / Cool Medicine 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. No information is to be used or assumed to be medical advise. ALWAYS CHECK WITH YOUR PHYSICIAN REGARDING ALL MATTERS. Any information here is to be assumed false and for entertainment purposes only. Therefore, you hereby agree to indemnify and hold harmless VITAL ELEMENT, a division of Practis LLC, and its and affiliates, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on any claim.
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.ACCESS, GENERAL USE, AND DATA PROTECTION INFORMATION
Use of the VITAL ELEMENT, a division of Practis LLC, website, all associated VITAL ELEMENT, a division of Practis LLC, websites, service sites like Secure Forms, and all client (doctor) websites, is intended only for visitors physically located OUTSIDE the European Union. If you are physically located in the European Union, use of this and any VITAL ELEMENT, a division of Practis LLC, website or service is strictly prohibited. Additionally, use of all VITAL ELEMENT, a division of Practis LLC, websites is only to be accessed by individuals located physically within the United States. If you are physically located outside the United States, use of this and any VITAL ELEMENT, a division of Practis LLC, website or service is strictly prohibited.
Use of this website is restricted to the United States. All other parties are restricted from visiting, viewing, and engaging with this information.
This site may use Google Analytics to collect non-identifiable information about a visit session including calculating a page visit, time on page, browser type, device type, general worldly location, and other site file or programming access and performance activity. This site does not know who you are and does not use any collected information to retarget advertising to you. The information collected is used solely for site technical performance auditing and attempts at understanding the success or failure of basic marketing and findability of the site in search engines and other referring channels and visitor tendencies on the site. Any collected information is bound together and not separated as to any individual and not sold or repurposed. Data is collected by Google, Inc. via their Google Analytics service. All data is not individually identifiable and not used by VITAL ELEMENT, a division of Practis LLC, to track or re-advertise or re-target individuals or individual devices. Please consult Google's TOS and Privacy Policies for further information regarding Google’s actions and policies on this topic.
Any information submitted via online form is at the discression of the submitter. Support and contact requests of this site or any of the various VITAL ELEMENT, a division of Practis LLC, websites, including practice websites, operate under the complete legal language herein, including third party medical practice sites, except where the activity falls under that practice's Privacy and other Use Policies. Any collected information is for the purpose of facilitating communication between VITAL ELEMENT, a division of Practis LLC, staff or, in the case of a third party medical practice, the communications between the practice staff and the submitter or requestor. Submitted information is not to be used, sold, or used for other purposes than the intent of the specific form. Client Secure Forms may require your HIPAA authorization in order for you to use it and you have the right not to use the given form. You agree that any form on any website is offered only as a convenience and not to be used as a primary method of communication with an assumed recipient. DO NOT USE ANY FORMS FOR URGENT MATTERS AND ALWAYS CALL 911 IN CASE OF AN EMERGENCY.
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:
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.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this site must be commenced within three months 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.
Web Accessibility Policy
We are committed to ensuring that our website and mobile applications are accessible to individuals with disabilities and, to the best of our ability, try to maintain w3 standards.
VITAL ELEMENT, a division of Practis LLC, (the "company") is committed to facilitating the accessibility and usability of the Company’s websites for all people with disabilities. The Company continuously tests new and existing portions of the Company Sites to identify usability issues and otherwise improve accessibility to the Company Sites.
This Web Accessibility Policy (the “Policy”) indicates that the company has undertaken, and continues to undertake, reasonable efforts to ensure that the applicable pages on all of the Company Sites meet the standards set forth by the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.0 Level AA (WCAG 2.0 AA). This Policy is linked to on the Company’s applicable web pages.
The Company trains employees on the appropriate accessibility standards to ensure that the goals and standards set forth in this Policy are implemented and maintained correctly.
The Company is committed to improving any areas of the Company Sites that may not comply with WCAG 2.0 AA and welcomes any feedback or recommendations. If a visitor to one of the Company Sites determines that a web page does not meet the goals and standards set forth in this Policy, the Company will promptly undertake reasonable efforts to conform such web page, or provide a reasonable alternative.
Please direct any questions regarding this Policy or any concerns regarding the accessibility of a Company web page by calling our company at (888) 566-4431 or by submitting our form on our contact page linked here.