Website Terms of Use

WEBSITE TERMS OF USE

PLEASE READ THESE WEBSITE TERMS OF USE (“Website Terms of Use”) CAREFULLY BEFORE USING THIS SITE. By using this Site, you signify your assent to these terms of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms of use, please do not use the Site. THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE INTERNAL LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS THEREOF.

 

1. This web site (“Site”) is owned and operated by Vital Interaction, Inc (“Vital Interaction”). The Site and its contents may only be accessed for personal use. No material from Vital Interaction or any web site owned, operated, licensed or controlled by Vital Interaction may be used for any commercial or resale purposes.  Furthermore, no materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Vital Interaction’s copyright and other proprietary rights. Notwithstanding any language to the contrary in this Section 1, customers of Vital Interaction may use the Site for their services consistent with the terms and conditions agreed between the customer and Vital Interaction.

 

2. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited. All trademarks, service marks, and trade names (collectively, the “Marks”) are proprietary to Vital Interaction or other respective owners that have granted Vital Interaction the right and license to use such Marks. Any use of content or descriptions; any derivative use of this Site or its contents; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited.  In no event shall the user frame any portion of the Site or any content contained therein.

 

3. While Vital Interaction uses reasonable efforts to include accurate and up-to-date information on the Site, Vital Interaction makes no warranties or representations as to its accuracy. Vital Interaction assumes no liability or responsibility for any errors or representations in the content of this Site.

 

4. The Site may contain links to other sites on the Internet that are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Vital Interaction is not responsible for the availability of, or the content located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

 

5. Users of the Site may post comments, reviews, and other content and submit suggestions, ideas, or other information, provided the content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or content which infringes upon the rights of any third party. The user agrees not to impersonate any person and/or other entity or communicate under a false name or a name the user is not entitled or authorized to use.  Vital Interaction has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.

 

6. If you post content or submit material you grant Vital Interaction and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant Vital Interaction, its affiliates, and sublicensees the right to use your name and/or username in connection with the content.  You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party.  You will defend and indemnify Vital Interaction and its affiliates from any claims resulting from any content or materials you provide hereunder.  In addition, Vital Interaction may also sell, repurpose, aggregate, or transfer to third parties any information that you provide to Vital Interaction and any additional information that can be obtained or determined from such information for any legally permissible purposes. This Section 6 does not apply to the services provided to customers through https://practice.vitalinteraction.com, which are instead governed by the licensing and other terms and conditions agreed between the customer and Vital Interaction.

 

7. The Site contains areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Website Terms of Use, the terms and conditions of the other area shall prevail. Vital Interaction may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Website Terms of Use to which you are bound.

 

8. You shall not transmit to Vital Interaction or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.

 

9. You may not use your password for any unauthorized purpose.

 

10. Privacy Policy. Vital Interaction may retain, use and share information collected in your use of the Site, provided such information does not individually identify you. Vital Interaction may collect, use and share your personal information in accordance with its Privacy Policy at https://www.vitalinteraction.com/privacy-policy/

 

11. We may terminate your access to our Site for any reason.

 

12. S. Government Users Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Vital Interaction’s proprietary rights in them. Vital Interaction Site pages may contain other proprietary notices and copyright information that should be observed.

 

13. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. VITAL INTERACTION SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS POSTED ON THE SITE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, VITAL INTERACTION DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.

 

14. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL VITAL INTERACTION OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF VITAL INTERACTION OR A VITAL INTERACTION AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

15. All disputes, controversies and claims from or relating to these Website Terms of Use, including any subsequent updates, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules.  The place of arbitration shall be Austin, Texas and the proceedings shall be English. The arbitrator may award any form of individual or equitable and injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction.  The parties may also plead to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim relief, without breach of this paragraph and without reducing the scope of the powers of the arbitrator.  You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. By agreeing to this provision, you waive your right to bring, join, or participate in a class action lawsuit related to these Terms and Conditions; however, you do not waive your rights or remedies to pursue an individual claim in binding arbitration.  The preceding provision is an independent covenant, which you may opt out of by providing written notice of your decision within thirty (30) days of the date that you first use the Site.