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Welcome to Vita-Patch.com. VitaPatch ("We", "us" or "The Company") is pleased to serve you under these Terms of Use, as amended from time to time ("Terms"). Your use of or registration at Vita-Patch.com ("Site") constitutes your agreement to these Terms, including but not limited to the Privacy Policy , which is incorporated herein. If you do not agree, or if your jurisdiction will not honor these Terms, do not use our site or services. "You" are the individual using the Site as described in the Site registration form.
1. Contact Information & Disclosure. This Site is provided by VitaPatch. You can contact us at customerservice@vita-patch.com.
2. Medical Content The content of Vita-Patch.com, including text, graphics, images, information obtained from our licensors and all other content, is offered on an informational basis only. No content is intended to be a substitute for professional medical advice, diagnosis or treatment. You should always seek the advice and guidance of a qualified, nutritionally aware health care provider before:
1. Making any adjustment to any medication or treatment you are currently using.
2. Stopping any medication or treatment you are currently using.
3. Starting any new medication or treatment, whether or not it was discussed on Vita-Patch.com. The recommendations on this site are listed only as "generally informational" and not specifically applicable to any individual's medical problem(s), concerns and/or needs.
If you think you may have a medical emergency, call your doctor or your local health emergency service immediately. If you choose to utilize any information provided by VitaPatch, its editors or any other employees of VitaPatch, you do so solely at your own risk.
3. Site Functionality and Availability. You may use the Site only when and as available. See our Privacy Policy for a description of what our Site does and of Third Party Marketers ("TPM") and Third Party Gateways ("TPGs"). We reserve the right to change or eliminate, and restrict access to, all or any part of the Site from time to time without notice.
4. Site Information and Ads. Information about opportunities from TPGs or TPMs is provided by third parties that we do not control. That information, as well as advertisements, may or may not be or remain wholly accurate. We do not make any warranties with respect to any information or advertisements and you agree that you will not rely on that information or ads.
5. Privacy Policy. Our Privacy Policy is part of and incorporated into these Terms. We reserve the right to contact you for lawful purposes, such as in connection with our or your performance or enforcement of these Terms or a Site service or activity.
6. Infringement of Our Rights or the Rights of Others. Our Site is protected by intellectual property laws and you agree to respect them. All rights not expressly granted to you are reserved. As for intellectual property rights of others, anyone who believes that their work has been reproduced in a way that constitutes copyright infringement, may provide a notice to our copyright agent, see Legal Notices. It is our policy to terminate in appropriate circumstances any (if any) account or right of access for repeated infringement, and we also reserve the right to terminate for even one infringement.
7. Your Conduct.You agree that you will not violate any law, contract or intellectual property right, or commit a tort. You also agree not to: (1) attempt to access any service or area of the Site that you are not authorized to access; (2) alter information on or obtained from the Site; (3) use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data; (4) reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law); (5) send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Site or any recipient; (6) access or use the Site or any service for any unlawful, unintended (by us) or harmful purpose, or other than in full compliance with applicable law and your agreements with us; (7) take any action which might impose a significant burden (as determined by us) on Site infrastructure; (8) interfere with the ordinary operation or mission of the Site or services; or (9) "frame" our Site or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.
8. Your Responsibility for Accuracy. You agree to supply only true, accurate, current and complete (collectively "Accurate") information when registering at or otherwise using the Site and whenever information is required or requested at or in connection with the Site. You further agree to review and correct all information that is supplied about you at or through the Site to ensure that it is always Accurate.
9. No Warranties; As Is. You agree that our site and all site information, services and functionality (collectively, "complete site") are provided by us or any of our affiliates, suppliers or agents "as is" and "with all faults," and the entire risk as to the satisfactory quality, performance, accuracy and effort is with you. We do not make any representations or express warranties. Except for duties of good faith, we disclaim all warranties, conditions and duties, express, implied or statutory, including but not limited to any (if any) implied warranties, duties or conditions: (a) of merchantability, of fitness for a particular purpose or use, of results, and of accuracy or completeness or privacy or security of information; and (b) created by trade usage, course of dealing or course of performance. We further disclaim all duties to you, if any such duties exist, including but not limited to reasonable care, workmanlike effort, and lack of negligence. If a duty cannot be disclaimed, that duty shall be measured by intentional misconduct. Also, there is no warranty of title or against interference with your enjoyment of any aspect of the complete site, or against infringement. You expressly waive all duties and all warranties that might exist but for this paragraph.
10. No Incidental, Consequential or Certain Other Damages. To the full extent allowed by law, you agree that neither we nor any of our affiliates or agents will be liable to you and/or any other person for any special, incidental, punitive, consequential or similar general damages, or for damages for lost profits, loss or impairment of privacy, security or data, failure to meet any duty (including but not limited to any duty of good faith, workmanlike effort or of lack of negligence), or for any other similar damages whatsoever that arise out of or are related to any breach or other aspect of the entire agreement or complete site, even if we have been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict or product liability or misrepresentation.
11. Limitation of Liability and Exclusive Remedy. You agree that your sole, aggregate remedy for any breach of the Entire Agreement (as defined below) (including without limitation the Privacy Policy) and for any cause of action of any nature (including without limitation, tort) relating to any aspect of the Entire Agreement or the Complete Site shall be, at our option: (1) repair, substitution, replacement or correction of all or part of the information or act giving rise to damages incurred in reasonable reliance and not excluded above; or (2) refund of the amount you actually paid for the item causing your damages that are not excluded above and that you actually incur in reasonable reliance. The damage exclusions and limitation of liability in these terms shall apply even if any remedy fails of its essential purpose.
12. Termination or Cancellation. Either we or you may end this agreement (the Terms) with or without cause or notice at any time. You will still be liable for payment of any amounts due or other obligations incurred before it ends, and if you use the Site after it ends, that use will be your new agreement to the Terms. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records. Our rights under Nos. 5 through 7 and 9 through 15 will survive termination. Without canceling the agreement, we may suspend or block your access to the Site whenever it appears to us that you might be breaching these Terms or otherwise about to cause harm or damage to us or others.
13. Entire Agreement; Miscellaneous. These Terms, including items incorporated into them (e.g., the Privacy Policy), as well as any additional terms or conditions contained on the Site for particular activities, and disclosures provided by us and consents provided by you on the Site (collectively, "Entire Agreement"), constitute the entire agreement between us and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement. If any provision of the Entire Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach does not waive our right to act with respect to subsequent or similar breaches, and time is of the essence of the Entire Agreement. Also, there are no third party beneficiaries of the Entire Agreement. This Site is controlled by us from our offices within the United States of America and is directed to U.S. users. If you choose to access this Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Entire Agreement.
14. Notices to You. We may give you all notices that we are required to give by posting notice on the Site. You also agree that we may give notice by email in our discretion, including notice of subpoenas or other legal process (if any). We may provide notice to any email or other address that you provide during registration. You agree to keep your address current and to check for notices posted on the Site.
Notices to Us; Our Address for Legal Notices. We receive many emails and not all employees are trained to deal with every kind of communication, so you agree to send us notice by email: customerservice@vita-patch.com
15. Amendments. You agree that from time to time we may alter these Terms, including adding or eliminating all or parts of the Privacy Policy or any other terms ("Amendments"). See the Amendments section of our Privacy Policy for details regarding how Amendments will be made -- those details apply to all Amendments.
16. Legal Notices. Various laws require or allow us to give users of this Site certain notices and each of them is incorporated into these Terms.
Notice Regarding Copyright Agent
Vita-Patch.com respects the intellectual property rights of others and requests that you do the same. Anyone who believes that their work has been reproduced in the Site in a way constituting copyright infringement may provide a notice to the designated Copyright Agent for the Site containing the following:
Copyright infringement claims and notices (but not other notices) should be sent to the attention of General Counsel in the following manner:
Notice of Availability of Filtering Software We do not believe that the Site contains materials that would typically be the subject of filtering software. Nevertheless, all users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children'™s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
Notice: No Harvesting or Dictionary Attacks Allowed. We will not give, sell, or otherwise transfer addresses maintained by us to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as authorized by appropriate our personnel or policies. Except for parties authorized to have addresses maintained by us, persons may violate federal law if they: (1) initiate the transmission to our computers or devices of a commercial electronic mail message (as defined in the U.S. "Can-Spam Act of 2003") that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision of selection of addresses to which the messages will be transmitted.
Notice Regarding Trademarks. The trademarks "Vita-Patch.com" and all other trademarks used in the Site are trademarks or registered trademarks of VitaPatch. The names of TPGs and TPMs and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on this Site or in any Site content. All rights are reserved.
Notice Regarding Copyright Ownership: © VitaPatch. All rights reserved. As used herein, "Content" means (without limitation) all text, design, graphics, images, sound files, animation, video, interfaces, code and the selection and arrangement thereof appearing or included from time to time on the Site. All Content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of the Terms or with our prior non-electronic consent. Modification or use of the materials for any other purpose may violate intellectual property rights. No title to copies or to intellectual property rights are transferred to users. All title and rights remain with us.
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