Please read the following Terms of Use (the “Terms of Use”) carefully. These Terms of Use govern your use of www.vitaviamedical.com or any other VitaVia Medical related website or page (collectively, the “Site”), which includes the Site itself, and any web pages, interactive features, applications, widgets, blogs, social networks, social network “tabs,” or other online, mobile, or wireless offerings that post a link to these Terms of Use, whether accessed via computer, mobile device, or other technology, manner or means. The Site is the property of VitaVia (as defined below) (“VitaVia”, “we”, “us”, or “our”) and its licensors. By accessing, browsing, downloading, using, or registering to receive any content or services, you acknowledge that you have read and understood these Terms of Use and that you accept and agree to be bound by them in full. Any use of the Site is at the sole risk of the user. References to “VitaVia” in these Terms of Use shall include VitaVia and all of its respective members, affiliates, subsidiaries, directors, officers, agents, and employees.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT AND USING OUR WEBSITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR OTHERWISE USE OUR WEBSITE.
Please read this section carefully, as it affects rights that you may otherwise have and provides for resolution of disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and has limited discovery. Arbitration is also final and binding and subject to only very limited review by a court. This will preclude you from bringing any class, collective, or representative action against VitaVia, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against VitaVia by someone else.
Any past, present, or future claim, dispute, or controversy involving VitaVia including, without limitation, any services, representations, acts or omissions, the use of this website, the terms of use and/or privacy policy, VitaVia’s marketing, and/or any agreement (including the validity, breach, interpretation, formation, arbitrability, inducement, or enforcement thereof) shall be resolved exclusively through binding Arbitration before a neutral arbitrator in the county where the Member resides. Each party will reasonably participate in the process of choosing the neutral arbitrator, who shall have the exclusive authority to resolve any claim(s) between the parties under any legal theory, whether based in contract, statute, tort, fraud, etc. Arbitration shall be conducted through Judicial Arbitration & Mediation Services (“JAMS”), or another arbitrator if not arbitrable through JAMS. JAMS rules in effect at the time of filing, including its Expedited Procedures, will apply to the Arbitration and can be found at: www.jamsadr.com. Arbitration shall be conducted only on an individual basis and not on a class or consolidated basis. Either party may bring an individual claim in small claims court in lieu of Arbitration if the suit qualifies.
THE PARTIES FULLY UNDERSTAND THAT THEY ARE INTENTIONALLY AND VOLUNTARILY WAIVING THEIR RIGHTS TO (1) GO TO COURT; (2) HAVE A TRIAL BY JURY; AND (3) PARTICIPATE IN A CLASS ACTION. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act shall govern this agreement to arbitrate. The neutral arbitrator has the authority to award whatever relief would be available in court under law or in equity. In the event of Arbitration, VitaVia will pay all costs related to the Arbitration; however, each party will pay its own attorneys’ fees, if any. This agreement to arbitrate shall survive termination of any agreement, relationship, or interaction with VitaVia.
We may update these Terms of Use from time to time and may amend them at any time to incorporate additional terms specific to additional features, applications, opportunities, or services that we may make available on or through the Site. All such updates and amendments are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of these Terms of Use on the Site, or providing other notice on the Site. You should review these Terms of Use often to stay informed of changes that may affect you, as your continued use of the Site signifies your continuing consent to be bound by these Terms of Use. We reserve the right to make any changes to these Terms of Use, or to the Site and its Content, at any time. The version of these Terms of Use posted on our Site on each respective date you visit the Site shall be the Terms of Use applicable to your access and use of the Site on that date. Our electronically or otherwise properly stored copies of these Terms of Use and the Privacy Policy shall be deemed to be the true, complete, valid, authentic, and enforceable copies of the version of the Terms of Use and the Privacy Policy which were in force on each respective date you visited the Site.
In these Terms of Use, “you” and “your” refer to (a) you, the individual accessing the Site, (b) any electronic agent accessing the Site on behalf of an individual or business entity, and (c) the business entity on whose behalf an individual or electronic agent is accessing the Site. You represent and agree that all information that you provide to VitaVia in connection with your access to and use of the Site is and shall be true, accurate, and complete, to the best of your knowledge, ability, and belief. We reserve the right to terminate these Terms of Use, or to refuse, restrict, or discontinue service or access to the Site (or any portions, components, or features of the Site) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. Failure to comply with these Terms of Use may, among other things, result in the immediate termination of your access to and use of the Site.
VitaVia grants you a personal, non-exclusive, non-transferable, limited license to use the Site and to view or access the Services available on the Site solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Site, the Services, or any other Content available via the Site (including any website or mobile Applications contained therein). You further agree not to modify the Site, or any part thereof, in any form or manner, nor to use any modified versions of the Site or the Services, for any reason whatsoever, without the express written consent of VitaVia. You may not attempt to gain any unauthorized access to the Site or any of its associated Content, including computer Sites, software, or networks. No commercial use or redistribution of any Content, materials, or information contained on or offered through the Site or the Services is permitted, unless expressly specified in a prior agreement between you and VitaVia.
As a condition of your use of the Site (including the Services), you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.
Any use or attempted use of the Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the Site; (iv) to gain unauthorized access to any other accounts, computer Sites or networks connected to any server or Sites through hacking, password mining or any other means; (v) to access Sites, data or information not intended by VitaVia to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Site, you agree you will not:
VitaVia reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access. VitaVia may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. VitaVia reserves the right at all times to disclose any information as VitaVia deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in VitaVia’s sole discretion. You also agree to reimburse VitaVia for any damage, loss, cost or expense VitaVia incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the Site for any unlawful or prohibited purpose.
Any information, communications, or material of any type or nature that you submit to the Site (or to any of our pages on a social media platform or other website) by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk and without any expectation of privacy. VitaVia does not own any Submissions provided via the Site. However, by inputting/submitting such Submissions you are granting VitaVia a nonexclusive, irrevocable, worldwide, sublicenseable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any way now known or in the future discovered, such Submissions (or any Content or materials contained therein). All Submissions inputted/submitted by you is at your own risk and you hereby represent and warrant that you have the full legal right to so use such Submissions and to permit VitaVia’s use of such Submissions, and that they, and any Content or material contained therein, are not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.
VitaVia neither actively monitors general use of the Site under normal circumstances, nor exercises editorial control over any Submissions. However, VitaVia does reserve the right to monitor such Submissions or other use at any time as it deems appropriate and to remove any materials that, in VitaVia’s sole discretion, may be illegal, may subject VitaVia to liability, may violate these Terms of Use, or are, in the sole discretion of VitaVia, inconsistent with VitaVia’s purpose for the Site.
Certain features or services offered on or through the Site may require you to open an account (including establishing a login ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. Please keep in mind that we will treat anyone who uses your user name and password as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. You agree to notify VitaVia immediately upon learning of any unauthorized use of your account, login ID, or password or any other breach of security. However, you may be held liable for losses incurred by VitaVia or any other user of or visitor to the Website due to another person using your account, login ID, or password.
You may not use any other user’s account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. VitaVia cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
By using any payment or funds transfer service available through the Site, you warrant that you are an authorized signer on the account from which the funds are being drawn to make such payment or transfer.
If you notify us of a change of address, that change will take place within 10 business days from our receipt of the request.
VitaVia respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort and funds to create the Site and to collect and provide the features, materials, opportunities, and services that are available on or through the Site. You understand and agree that VitaVia owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Site and the features, materials, opportunities, and services made available on or through the Site, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”) as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content. You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of VitaVia or its licensors and content-providers. For the avoidance of doubt, “Content” does not include any Third-Party Materials (as defined below) or any features, opportunities, or services made available through the Linked Websites.
Except as expressly provided in these Terms of Use, no part of the Site, and no Content, materials, or other information on the Site, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or via any other medium for publication or distribution, or for any commercial enterprise without VitaVia’s express prior written consent.
The posting of information or other materials or Content on the Site by VitaVia does not constitute a waiver of any proprietary right in such information, materials, or Content (such as, but not limited to, copyright, patent, trademark, or other intellectual property rights) and does not transfer any rights to a user of the Site or to any other third party, except as expressly provided herein.
VitaVia does not promise, covenant, represent, warrant, or guarantee that you or any other user of the Site will obtain any particular or tangible result or goal through the use of the Site, or obtain any other product or service in connection with use of the Site. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through the Site or VitaVia, or that you access, use, download, or otherwise obtain on or through the Site or VitaVia, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.
YOU UNDERSTAND AND ACKNOWLEDGE THAT THE PHYSICIANS LISTED ON THE WEBSITE (“AFFILIATED PHYSICIAN”) ARE INDEPENDENTS CONTRACTORS AND ARE NOT THE AGENTS, SERVANTS OR EMPLOYEES OF VITAVIA. YOU FURTHER AGREE AND UNDERSTAND THAT VITAVIA DOES NOT PROVIDE, SUPERVISE OR CONTROL THE CARE THAT YOU RECEIVE FROM AN AFFILIATED PHYSICIAN. RATHER, YOUR CARE IS FURNISHED AND DIRECTED SOLELY BY THE AFFILIATED PHYSICIAN WHO EXERCISES HIS/HER OWN MEDICAL JUDGMENT IN HIS/HER PRACTICE OF MEDICINE. VITAVIA IS NOT RESPONSIBLE FOR THE JUDGMENT OR CONDUCT OF ANY AFFILIATED PHYSICIAN WHO RENDERS SERVICES AND/OR CARE TO YOU. VITAVIA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, QUALIFICATIONS, OR EXPERIENCE OF THE AFFILIATED PHYSICIAN OR THE SERVICES AND/OR CARE HE/SHE PROVIDES. VITAVIA MAKES NO REPRESENTATIONS, PROMISES, COVENANTS, WARRANTIES, OR GUARANTEES ABOUT THE QUALITY OF MEDICAL CARE OFFERED BY PHYSICIANS LISTED ON THE WEBSITE. VITAVIA IS NOT RESPONSIBLE FOR ANY STATEMENTS, REPRESENTATIONS, PROMISES, COVENANTS, WARRANTIES, OR GUARANTEES THAT MAY BE MADE OR SUGGESTED BY ANY AFFILIATED PHYSICIAN.
THE INFORMATION, SOFTWARE, CONTENT, SERVICES, OR MATERIALS AVAILABLE FROM OR PROVIDED ON THE SITE OR VIA THE SERVICES, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF VITAVIA, LLC SERVICES OR SOFTWARE SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK.
VITAVIA AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SITE, CONTENT OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH VITAVIA ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND THE CONTENT, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND THROUGH VITAVIA ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. VITAVIA PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SITE AND THE SERVICES WITHOUT NOTICE. FURTHER, VITAVIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE OR THE SERVICES. VITAVIA SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SITE. NO ADVICE AND/OR INFORMATION, WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM VITAVIA MEDICAL, LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
NO MEDICAL ADVICE. THE CONTENT ON THE WEBSITE AND ANY SOFTWARE AVAILABLE THROUGH THE WEBSITE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS, NOR SHOULD IT BE CONSIDERED A SUBSTITUTE FOR, PROFESSIONAL MEDICAL ADVICE. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND CONTENT CONTAINED THEREON IS VOLUNTARY. VITAVIA MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO INFORMATION CONTAINED ON THE WEBSITE AND VITAVIA SHALL HAVE NO LIABILITY WITH REGARD TO SAME. IF YOU HAVE OR SUSPECT YOU HAVE A MEDICAL PROBLEM OR INJURY, PROMPTLY CONTACT YOUR PROFESSIONAL HEALTHCARE PROVIDER.
IN NO EVENT SHALL VITAVIA OR ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE SITE, THE CONTENT, OR THE CONTENT, MATERIALS, AND SERVICES ACCESSIBLE ON OR THROUGH THE SITE OR THROUGH VITAVIA; (B) THE USE, COPYING, OR DISPLAY OF THE SITE OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET; (C) VITAVIA’S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS OF USE; (D) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF THE SITE, OR OTHER THIRD PARTIES; (E) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY VITAVIA OR ANY THIRD PARTY; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF ANY SERVICES OFFERED, MADE AVAILABLE, PROVIDED, OR ACCEPTED BY YOU OR ANY THIRD PARTY, IN CONNECTION WITH THE SITE OR ITS USE. UNDER NO CIRCUMSTANCES SHALL VITAVIA, OR ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, OR THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE, THE SERVICES, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF VITAVIA, EVEN IF VITAVIA WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF VITAVIA AND ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING ANY OF THE FOREGOING, IF VITAVIA, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR THE USE OF THE SITE, VITAVIA AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED USD $100.
DESCRIPTIONS OF OR REFERENCES TO PRODUCTS, SERVICES, OR PUBLICATIONS ON THE SITE DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. VITAVIA MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER INCLUDED HEREIN OR THE PRODUCTS LISTED HEREIN. VITAVIA SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE. VITAVIA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, QUALIFICATIONS, OR EXPERIENCE OF THE AFFILIATED PHYSICIAN OR THE SERVICES AND/OR CARE HE/SHE PROVIDES. VITAVIA MAKES NO REPRESENTATIONS, PROMISES, COVENANTS, WARRANTIES, OR GUARANTEES ABOUT THE QUALITY OF MEDICAL CARE OFFERED BY PHYSICIANS LISTED ON THE WEBSITE.
THE VIEWS OF ANY POSTERS, REVIEWERS, COMMENTERS, MEMBERS, OR AFFILIATED PHYSICIANS, OR ANY OTHER PERSON LISTED OR INCLUDED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION THOSE WHO PROVIDE PATIENT OR MEMBERS TESTIMONIALS OR PHYSICIAN STATEMENTS, ARE THEIR OWN VIEWS AND STATEMENTS, AND ARE NOT THE VIEWS AND STATEMENTS OF VITAVIA. VITAVIA HEREBY DISCLAIMS ALL SUCH STATEMENTS.
VitaVia reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (ii) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (iii) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.
You agree to indemnify, defend and hold VitaVia harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including attorneys’ fees), brought by any third party in connection with or arising out of Content, data, or information that you submit, post to, or transmit through the Site or VitaVia, your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and VitaVia, your violation of these Terms of Use, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.
The Site could include technical inaccuracies or typographical errors. VitaVia shall have no liability in connection with any such inaccuracies or errors, nor shall VitaVia have any obligation to identify and/or correct any such inaccuracies or errors.
All responsibility or liability for any damages caused by viruses, malware, disabling or malicious code contained within the electronic files or on the Site is disclaimed.
For your convenience, certain hyperlinks may be provided on the Site that link to other websites which are not under the control of VitaVia (the “Linked Websites”). VitaVia does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, Content, or any other aspect of the Linked Websites. VitaVia disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other websites and any purchases of products or services from such other websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against VitaVia arising from or based upon any such use of other websites (including the Linked Websites). Hyperlinks to such Linked Websites on the Site do not imply that: (a) VitaVia is affiliated or associated with any Linked Website; (b) VitaVia is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Site is authorized to use any trademark, trade name, logo, or copyright symbol of VitaVia.
Neither you nor any other website may link to the Website without the permission of VitaVia. In any event, without our express, prior, written permission, it is expressly prohibited to: (a) “deep link” to any page of the Website other than the home page of the Website; (b) “frame” the Website or any Content or otherwise cause the Website or any Content to appear in a window with any other material that does not constitute Content; (c) cause the hyperlink to the Website, or the Website or any Content, to be displayed in any way that is disparaging to VitaVia or any entity that is affiliated or associated with VitaVia; or (d) otherwise imply or state that any type of relationship or special arrangements exist with VitaVia and any other entity. You agree that you will promptly remove any hyperlink to the Website upon the written request of VitaVia. In no event will you use any logo or trademark of VitaVia as a hyperlink “button”, or in any other manner, without VitaVia’s express written consent.
To the extent that any information, material, or functionality on the Site is provided by third party content-providers (“Third Party Materials”), VitaVia has no editorial control or responsibility over such Third-Party Materials. Therefore, any opinions, statements, products, services or other Third-Party Materials are those of the applicable third-party suppliers. VitaVia does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with VitaVia.
VitaVia respects the intellectual property rights of others and requires that its users do the same. If you believe that Content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright (a “Work”), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:
Email: connect@vitaviatelemed.com
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
These Terms of Use and the applicable Privacy Policy referenced herein (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Site and the Content. You agree that you shall not contest the admissibility or enforceability of VitaVia copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. Except as expressly provided for herein, these Terms of Use do not confer any rights, remedies, or benefits upon any person or entity other than you and VitaVia. VitaVia may assign its rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the prior written consent of VitaVia. These Terms of Use shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. You are responsible for complying with any and all laws of the jurisdiction from which you are accessing the Site and any other jurisdiction whose laws apply to you or your actions. You agree that you will not access or use the Site, the Content, or any other information or materials on the Site in violation of the aforementioned laws or these Terms of Use.
To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms of Use by VitaVia shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. Any rights not expressly granted herein are reserved.
You agree that any violation, or threatened violation, by you of these Terms of Use, or the referenced Privacy Policy, constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
These Terms of Use shall be governed by and construed under the laws of the State of Texas, without regard to conflicts of laws, principles or rules. Any legal action brought by you that arises out of or relates to these Terms of Use or your access to and use of the Site or the Content must be commenced within one year after the cause of action arises. You hereby expressly consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Texas Counties for resolution of any matters related to interpretation, construction, or enforcement of these Terms of Use or otherwise in connection with these Terms of Use, the Privacy Policy referenced herein, or otherwise related to or in connection with your access to and use of the Site, the Content, and the materials, products, and services available on or through the Site or through VitaVia. You further expressly waive any claim that venue is improper for any reason in these courts.
VitaVia Medical welcomes any comments or questions you may have regarding these Terms of Use or the Site. Please send any comments or questions submitted please contact us by e-mail: connect@vitaviatelemed.com
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