Vita Optimus User Agreement
For the purposes of this agreement, the term:
- “Website” and “Vitadox” shall each mean the Vitadox.com website and all of its pages, interfaces, code, algorithms, protocols and databases.
- “Content” shall mean all information, text, writings, articles, suggestions, opinions, slogans, descriptions, logos, images, photographs, graphics, artwork, drawings, animations, audios, videos, multimedia, banners, documents, files, data, graphs, charts, diagrams, advertisements, landing pages, emails, and other materials displayed or published on the Website.
- “Services” shall mean all services, subscriptions, websites, applications, software, systems, portals, accounts, forms, widgets, and plug-ins provided by Vita Optimus to all or certain users.
- “You” and “User” shall each mean you, the user of the Website, Content and/or Services.
- “Vita Optimus”, “We” and “Us” shall mean Vita Optimus, L.L.C., a Delaware Limited Liability Company with its offices located at 900 National Pkwy., Suite 470, Schaumburg, IL.
- “Parties” shall mean Vita Optimus and You, collectively.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR BROWSING THIS WEBSITE, CONTENT OR SERVICES. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS, BROWSE, VIEW, DOWNLOAD, OBTAIN OR OTHERWISE USE THE WEBSITE, CONTENT OR ANY SERVICES.
BY SELECTING ANY "I AGREE" CHECKBOX, BY SUBMITTING ANY FORM ON THIS WEBSITE, BY CREATING AN ACCOUNT WITH VITADOX, BY LOGGING INTO A VITADOX ACCOUNT, AND/OR BY BROWSING, ACCESSING, OR USING THIS WEBSITE, ANY CONTENT OR ANY SERVICE, IN ANY WAY, YOU, ON BEHALF OF YOURSELF OR YOUR ENTITY, AS APPLICABLE, ACKNOWLEDGE AND CONFIRM THAT:
- YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT;
- YOU OR YOUR ENTITY, AS APPLICABLE, AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, WITHOUT MODIFICATION, AND ACKNOWLEDGE THAT THIS AGREEMENT IS THE LEGAL EQUIVALENT OF A MANUALLY SIGNED, WRITTEN CONTRACT BETWEEN VITA OPTIMUS AND YOU OR YOUR ENTITY, AS APPLICABLE;
- IF ACCESSING, USING OR BROWSING THIS WEBSITE ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; AND
- YOUR USE OF THIS WEBSITE AND ANY SERVICES DOES NOT AND WILL NOT VIOLATE ANY APPLICABLE LAWS.
IF YOU OR YOUR ENTITY, AS APPLICABLE, ARE NOT WILLING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT AND AGREEMENT, DO NOT SELECT ANY "I AGREE" CHECKBOX, DO NOT SUBMIT ANY FORM ON THIS WEBSITE, DO NOT CREATE AN ACCOUNT WITH VITADOX, DO NOT LOG IN TO ANY VITADOX ACCOUNT, AND DO NOT BROWSE, ACCESS, OR USE THIS WEBSITE, CONTENT OR ANY SERVICE IN ANY WAY.
Vita Optimus reserves the right, at our sole discretion, to modify this Agreement at any time without giving You prior notice. Changes to this Agreement take effect when posted to the Website. Your use of the Website, Content or Services following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.
Vita Optimus operates this Website to provide information about doctors, dentists, specialists, nurses, counselors, therapists, and other individual healthcare professionals, as well as practices, offices, locations, clinics, hospitals, groups, associations, organizations, companies and other healthcare-related entities (collectively, “Providers”).
Vita Optimus does not recommend or endorse any specific Provider, product, test, treatment, procedure, service, opinion, or any other information associated with any Provider listed on this Website or in any Services.
Providers are not specialists in any area of medicine mentioned in this Website. Any reference to any area of medicine is for informational purposes only.
This Website contains a limited list of Providers which is by no means an all-inclusive list.
Vita Optimus provides featured listings and advertisements on this Website to selected Providers who have paid an advertising fee or who have been otherwise selected to be featured on the Website (“Advertisers”). Vita Optimus does not recommend or endorse any specific Advertiser, product, test, treatment, procedure, service, opinion, or any other information associated with any Advertiser displayed on this Website or in any Services.
CHOOSING A HEALTHCARE PROVIDER IS AN IMPORTANT MATTER AND YOUR CHOICE SHOULD NEVER BE BASED SOLELY UPON ADVERTISEMENTS OF ANY KIND.
Advertisement of Free or Discounted Medical Services in Florida
THE PATIENT AND ANY OTHER PERSON RESPONSIBLE FOR PAYMENT HAS A RIGHT TO REFUSE TO PAY, CANCEL PAYMENT, OR BE REIMBURSED FOR PAYMENT FOR ANY OTHER SERVICE, EXAMINATION, OR TREATMENT THAT IS PERFORMED AS A RESULT OF AND WITHIN 72 HOURS OF RESPONDING TO THE ADVERTISEMENT FOR THE FREE, DISCOUNTED FEE, OR REDUCED FEE SERVICE, EXAMINATION, OR TREATMENT.
Not a Referral Service
Neither Vita Optimus nor this Website is a referral service and We do not accept referral fees from Providers or Advertisers listed on this Website in exchange for the referral of clients or patients. Advertisers on this Website are charged an advertising fee whether or not You choose to engage their services.
No Affiliation with Advertisers and Providers
Vita Optimus is not affiliated with any Provider or Advertiser featured on this Website. No Provider or Advertiser on this Website has any ownership interest in Vita Optimus or this Website.
Vita Optimus does not guarantee the quality of the medical services that are provided by the listed Providers or Advertisers. Vita Optimus makes no representation that the quality of the medical services available through the Providers or Advertisers listed on this Website is greater than the quality of the services provided by non-participating healthcare providers.
Some products or services mentioned on the Website may be provided by affiliated providers, agents, or employees of the participating Providers or Advertisers. Some products or services mentioned on the Website may not be provided by the participating Providers and Advertisers, at all.
You may use the Website solely for your non-commercial, personal purposes and/or to learn about featured Providers.
No Medical Advice
VITA OPTIMUS IS NOT A DOCTOR OR A HEALTHCARE PROVIDER. NEITHER VITA OPTIMUS, NOR THIS WEBSITE, OFFER MEDICAL ADVICE.
YOUR USE OF THE WEBSITE AND ITS CONTENT IS SOLELY AT YOUR OWN RISK. THIS WEBSITE, THE WEBSITE CONTENT AND THE PROVIDED SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE OR REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. NOTHING PUBLISHED ON THIS WEBSITE, OR AVAILABLE THROUGH ANY SERVICES, IS INTENDED TO BE, AND MUST NOT BE CONSTRUED AS, AN ATTEMPT TO OFFER OR RENDER A MEDICAL OPINION, CONSULTATION, INSTRUCTION, OR OTHERWISE ENGAGE IN THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
YOU SHOULD NEVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER, DISREGARD MEDICAL ADVICE, OR DISCONTINUE MEDICAL TREATMENT BECAUSE OF INFORMATION ON THIS WEBSITE.
DO NOT RELY ON THIS WEBSITE TO DIAGNOSE OR TREAT ANY CONDITION. DO NOT USE THIS WEBSITE AND SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU THINK YOU MAY BE SUFFERING FROM ANY MEDICAL CONDITION OR IF YOU HAVE A MEDICAL EMERGENCY, GO TO A HOSPITAL IMMEDIATELY OR CALL 911.
No Doctor-Patient Relationships
WHEN YOU ACCESS THIS WEBSITE, TRANSMIT INFORMATION TO OR FROM THIS WEBSITE, RECEIVE ANY INFORMATION FROM THIS WEBSITE, SUBMIT ANY INFORMATION TO THIS WEBSITE OR THROUGH THIS WEBSITE, OR USE THIS WEBSITE, YOUR VITADOX ACCOUNT OR ANY OF THE SERVICES IN ANY WAY, NO HEALTHCARE PROVIDER-PATIENT RELATIONSHIP IS CREATED AND YOU HAVE NOT BECOME A PATIENT OF VITA OPTIMUS OR ANY OF THE HEALTHCARE PROVIDERS LISTED ON THIS WEBSITE.
ANY INFORMATION YOU PROVIDE USING THIS WEBSITE IS NOT PROTECTED UNDER HIPAA, ANY OTHER LAWS OR REGULATIONS GOVERNING DOCTOR-PATIENT RELATIONSHIP.
ALTHOUGH SOME CONTENT MAY BE PROVIDED BY HEALTHCARE PROFESSIONALS, THE PROVISION OF SUCH CONTENT DOES NOT CREATE A HEALTHCARE PROVIDER-PATIENT RELATIONSHIP, AND DOES NOT CONSTITUTE AN OPINION, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, BUT IS PROVIDED TO ASSIST YOU IN CHOOSING A PROVIDER
Engaging the Services of a Provider
Whether or not to engage the services of a Provider is your decision, and the Provider that You choose is responsible for all of the services that are provided to You. You understand and agree that Vita Optimus will not be held responsible for any damages or costs, including those associated with malpractice, that result from your consultation, treatment, or relationship with a Provider. You also understand that any claims will be brought against that Provider and not against Vita Optimus. You have the right to contact the State Medical Board in the state in which the Provider practices to obtain information about the Provider. Vita Optimus strongly advises You to obtain information regarding the Provider's fee schedule, education, experience and background before You make any decision.
Vita Optimus encourages Healthcare Providers to use the Services responsibly, but We have no control over, and cannot guarantee the availability of, any Healthcare Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Site or Services whatsoever.
All information presented in this Website, and any content that You obtain or receive from Vitadox, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, including without limitation all text, writings, articles, descriptions, images, graphics, documents, materials, and/or other works that You see, hear or otherwise experience on the Website ("Website Content") is intended for informational purposes only and is not intended for the purpose of rendering medical advice.
The Website Content is created, in part or in whole, by nonprofessionals. No warranty whatsoever is made that the Website Content is accurate or that any statement contained or cited in the Website Content is true, correct, precise, or up-to-date.
Consult a physician for a thorough evaluation before taking any medications, over-the-counter drugs, supplements or herbs. This Website does not recommend or endorse any medications, vitamins or herbs. Your personal physician should make a decision based on your medical history and current prescriptions.
Statements made on this Website have not been evaluated by the Food and Drug Administration. The information contained herein is not intended to diagnose, treat, cure or prevent any disease.
The Website Content is not intended to be a complete description of every condition, disease, symptom, treatment, reaction, outcome, risk, side effect, or contraindication.
The Website may contain health-related or medical-related materials that You may find offensive or sexually explicit. If You find any of the Website Content offensive, stop using the Website.
We encourage You to independently confirm any Website Content relevant to You with other sources, including your healthcare provider, medical associations relevant to the applicable specialty, your state medical boards, and the appropriate licensing or certification authorities.
IF YOU RELY ON ANY WEBSITE CONTENT, YOU DO SO SOLELY AT YOUR OWN RISK.
Content related to a Providers, including without limitation text, writings, articles, images, graphics, and documents ("Provider Content") may be provided by independent healthcare providers and organizations and/or be collected from multiple other data sources that may not be confirmed by the Providers. Provider Content can change frequently and may become out of date, incomplete or inaccurate.
Provider Content is intended for informational and general reference purposes only. Provider Content is not moderated or vetted for accuracy or truthfulness. Vita Optimus does not take responsibility for representations made by Providers on this Website. Any claim of education, experience, quality, success, licensure, board-certification, degrees, credentials, or any other claims made by a Provider advertising on this Website must be verified by You personally, as neither Vita Optimus nor this Website guarantee the accuracy or veracity of any such representations. Neither this Website nor Vita Optimus provides any advice or qualification certification about any particular Provider.
Stock photographs of people used on this Website are photographs of non-patient models and not photographs of actual patients who have undergone treatments or procedures described herein.
Disclaimers, Limitation of Liability, and Indemnification
FOR PURPOSES OF THE ENTIRE “Disclaimers, Limitation of Liability, and Indemnification” SECTION, THE TERM "VITA OPTIMUS” SHALL INCLUDE VITA OPTIMUS, L.L.C., AND ITS DIVISIONS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, PARENT COMPANIES, SISTER COMPANIES AND THEIR EMPLOYEES, PARTNERS, PRINCIPALS, OFFICERS, DIRECTORS, managers, AGENTS AND REPRESENTATIVES, AND ANY THIRD-PARTY PROVIDERS, VENDORS, SUBCONTRACTORS, LICENSORS OR SOURCES OF SERVICES.
FOR PURPOSES OF THE ENTIRE “Disclaimers, Limitation of Liability, and Indemnification” SECTION, THE TERM “WEBSITE” SHALL MEAN ALL WEBSITES, ONLINE SYSTEMS, PORTALS, SERVICES, APPLICATIONS, SOFTWARE, COMPONENTS, FILES, DATA, DOCUMENTS, INFORMATION, WEBSITE CONTENT, PROVIDER CONTENT, ADVERTISEMENTS, OPINIONS, STATEMENTS, RECOMMENDATIONS, LANDING PAGES, EMAILS, FORMS, ACCOUNTS, PAYMENT GATEWAYS, APPLICATION PROGRAMING INTERFACES, MATERIALS, GOODS, PRODUCTS AND ALL OTHER SERVICES PROVIDED, CONTAINED, OFFERRED OR ADVERTISED IN THIS WEBSITE AND VITADOX SERVICES.
Disclaimer of Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE IS PROVIDED ON “AS IS,” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS, OR GUARANTEES OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VITA OPTIMUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING OR RELATING TO THE OPERATION OF THIS WEBSITE.
VITA OPTIMUS EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, RELIABILITY, SATISFACTORY QUALITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DESIGN, NON-INFRINGEMENT, OR THOSE ARISING FROM THE COURSE OF PERFORMANCE, DEALING, USAGE, TRADE, OR OTHERWISE.
VITA OPTIMUS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, CURRENTNESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, PRECISENESS, CORRECTNESS, VALIDITY, ADEQUACY, COMPLIANCE, LEGALITY, NONINFRINGEMENT, CONTENT, SEQUENCE, SECURITY, PRIVACY, OR COMPLETENESS OF THIS WEBSITE, OR THAT THE WEBSITE MAY BE RELIED UPON FOR ANY REASON.
VITA OPTIMUS DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE WEBSITE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (C) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (D) ANY STORED DATA WILL BE SECURE, ACCURATE OR RELIABLE; (E) ANY ERRORS OR DEFECTS WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A VITA OPTIMUS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. THE DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
No Responsibility for Listed and Advertised Goods, Products, Services and Providers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE LISTS AND ADVERTISES GOODS, PRODUCTS, SERVICES AND PROVIDERS, WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS, OR GUARANTEES OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VITA OPTIMUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING OR RELATING TO THE ADVERTISED GOODS, PRODUCTS, SERVICES AND PROVIDERS.
VITA OPTIMUS EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, RELIABILITY, SATISFACTORY QUALITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DESIGN, NON-INFRINGEMENT, OR THOSE ARISING FROM THE COURSE OF YOUR ENGAGEMENT WITH OR USE OF THE LISTED AND ADVERTISED GOODS, PRODUCTS, SERVICES AND PROVIDERS.
VITA OPTIMUS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY, RELIABILITY, TIMELINESS, SUITABILITY, AVAILABILITY, price, cost, INSURANCE COVERAGE, benefit information, ACCURACY, PRECISENESS, TRUTH, CORRECTNESS, VALIDITY, ADEQUACY, COMPLIANCE, LEGALITY, NONINFRINGEMENT, CONTENT, SEQUENCE, SECURITY, PRIVACY, OR COMPLETENESS OF any goods, products, services, providers and advertisers on this website, OR THAT such goods, products, services, providers and advertisers MAY BE RELIED UPON FOR ANY REASON.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED OR ACCESSIBLE THROUGH THE SERVICES.
REFERENCE TO ANY good, product, service, PROVIDER Or ANY THIRD PARTY BY NAME, TRADE NAME, TRADEMARK, MANUFACTURER, OR OTHERWISE DOES NOT NECESSARILY CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY VITA OPTIMUS.
IF YOU RELY ON THIS WEBSITE, OR ANY INFORMATION, PRODUCT, SERVICE or provider listed, advertised and/or THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR SEEKING THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE goods, products, services, providers, INFORMATION, OPINIONS, ADVICE OR CONTENT AVAILABLE ON THIS WEBSITE. YOU BEAR THE ENTIRE RISK AS TO THE RESULTS, QUALITY, AND PERFORMANCE OF ALL goods, products, services and providers listed and ADVERTISED on this website.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A VITA OPTIMUS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. THE DISCLAIMER OF responsibility for Advertised Goods, Products, Services and Providers CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
No Responsibility for Content
FOR PURPOSES OF THIS SECTION, THE TERM “PUBLISH” SHALL MEAN TO LIST, ADVERTISE, DISPLAY OR USE CONTENT IN THIS WEBSITE.
FOR PURPOSES OF THIS SECTION, THE TERM “CONTENT” SHALL MEAN ALL CONTENT, WEBSITE CONTENT, PROVIDER CONTENT AND ANY OTHER TEXT, WRITINGS, ARTICLES, SLOGANS, DESCRIPTIONS, IMAGES, PHOTOGRAPHS, GRAPHICS, DRAWINGS, DOCUMENTS, DATA, GRAPHS, CHARTS, DIAGRAMS, AND OTHER MATERIALS LISTED, DISPLAYED, PUBLISHED OR ADVERTISED ON THIS WEBSITE.
FOR PURPOSES OF THIS SECTION, THE TERM “REVIEW” SHALL MEAN PROOFREAD, VERIFY, AND CHECK CONTENT FOR ACCURACY, RELIABILITY, TIMELINESS, CURRENTNESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, PRECISENESS, CORRECTNESS, VALIDITY, COMPLIANCE, LEGALITY, SEQUENCE, AND COMPLETENESS.
FOR PURPOSES OF THIS SECTION, THE TERM “CORRECT” SHALL MEAN TO FIX ANY INCORRECT, INACCURATE, UNRELIABLE, UNTIMELY, OUTDATED, INAPPROPRIATE, INADEQUATE, INCOMPLETE, UNTRUTHFUL, UNAVAILABLE, INACCURATE, IMPRECISE, INCORRECT, INVALID, NON-COMPLIANT, ILLEGAL, DISORDERED, OR INCOMPLETE INFORMATION AND TO FIX SPELLING ERRORS, GRAMMATICAL ERRORS, FACTUAL ERRORS, AND ANY OTHER ERRORS AND OMISSIONS.
VITA OPTIMUS SHALL HAVE NO RESPONSIBILITY FOR ANY CONTENT PUBLISHED ON THIS WEBSITE, AND YOU ACKNOWLEDGE AND AGREE THAT SUCH CONTENT: (A) HAS BEEN WRITTEN OR WILL BE WRITTEN, IN PART OR IN WHOLE, BY NON-PROFESSIONALS; (B) HAS NOT BEEN AND WILL NOT BE REVIEWED, EDITED, CORRECTED OR APPROVED BY PROFESSIONAL SUBJECT-MATTER EXPERTS; (D) IS INTENDED FOR INFORMATIONAL PURPOSES ONLY; (E) IS NOT INTENDED TO BE A COMPLETE DESCRIPTION OF EVERY SPECIALTY, PROVIDER, CONDITION, DISEASE, SYMPTOM, TREATMENT, THERAPY, PROCEDURE, DRUG, MEDICATION, REACTION, OUTCOME, RISK, SIDE EFFECT, CONTRAINDICATION, EVENT, DATA, OR ANY OTHER SUBJECT; (F) IS NOT INTENDED FOR THE PURPOSES OF RENDERING MEDICAL ADVICE; (G) IS NOT INTENDED FOR THE PURPOSES OF DIAGNOSING, TREATING, CURING, OR PREVENTING ANY MEDICAL CONDITION OR DISEASE; (H) HAS NOT BEEN AND WILL NOT BE EVALUATED BY THE FOOD AND DRUG ADMINISTRATION.
No Responsibility for Errors, Omissions and Technical Malfunctions
VITA OPTIMUS SHALL HAVE NO RESPONSIBILITY FOR: (A) ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY ITS ACTIONS, ERRORS, OMISSIONS, OR NEGLIGENCE; (B) ANY ERROR, OMISSION, DEFECT, DEFICIENCY, DELETION, OR INACCURACY IN THE WEBSITE REGARDLESS OF HOW CAUSED; (C) ANY DELAYS OR INTERRUPTIONS IN OPERATION OF THE WEBSITE OR SERVICES; (D) ANY LOSS OR INJURY CAUSED BY ANY SECURITY BREACH, OR FROM ANY VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, OR FRAUD; (E) ANY LOSS OR INJURY CAUSED BY TECHNICAL FAILURE OR MALFUNCTION; (F) ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE WEBSITE AND/OR SERVICES.
VITA OPTIMUS RESERVES THE RIGHT TO ALTER, SUSPEND OR DISCONTINUE THE WEBSITE AT ANY TIME FOR ANY REASON WITHOUT NOTICE OR CAUSE. THE WEBSITE MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF SOFTWARE, NETWORK OR COMPUTER EQUIPMENT.
No Responsibility for External Websites and Content
VITA OPTIMUS SHALL HAVE NO RESPONSIBILITY FOR THE CONTENT OR PERFORMANCE OF ANY PORTION OF OTHER WEBSITES TO WHICH THIS WEBSITE MAY BE LINKED OR FROM WHICH THIS WEBSITE MAY BE ACCESSED. USERS ARE REQUESTED TO INFORM VITA OPTIMUS OF ANY ERRORS OR INAPPROPRIATE MATERIAL FOUND ON WEBSITES TO WHICH THIS WEBSITE IS OR MAY BE LINKED. THE INCLUSION OF ANY LINK TO ANY WEBSITE DOES NOT IMPLY APPROVAL OF OR ENDORSEMENT BY VITA OPTIMUS OF SUCH WEBSITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT MAY PROVIDE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ANY EVENT AND UNDER ANY LEGAL THEORY, VITA OPTIMUS SHALL NOT BE HELD LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, SPECULATIVE, EXEMPLARY, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE WEBSITE, VITADOX SERVICES OR ANY GOODS, PRODUCTS OR SERVICES LISTED OR ADVERTISED ON THIS WEBSITE, OR ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU OR ANY WEBSITE USER AND LISTED OR ADVERTISED PROVIDER, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF ASSIGNMENTS, LOSS OF BUSINESS OPPORTUNITIES, DATA OR OUTPUT FROM THE WEBSITE BEING RENDERED INACCURATE, FAILURE OF THE WEBSITE OR SERVICES TO OPERATE WITH ANY OTHER HARDWARE OR SOFTWARE, SERVER DOWN TIME, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF ANY OTHER ECONOMIC ADVANTAGE, OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, HOWEVER CAUSED, AND WITHOUT REGARD TO WHETHER VITA OPTIMUS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SAID DAMAGES, KNEW OF OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES.
THESE LIMITATIONS AND EXCLUSIONS WILL CONTINUE TO APPLY TO YOU AND/OR TO ANY THIRD PARTY REGARDLESS OF THE TYPE OF CLAIM, LOSS, OR DAMAGE ALLEGEDLY ARISING OUT OF OR RELATED TO THIS AGREEMENT, HOWEVER CAUSED AND WHETHER BASED UPON CONTRACT, WARRANTY, STRICT LIABILITY, TORT, NEGLIGENCE, STATUTE, OTHER LEGAL BASIS OF ANY KIND WHATSOEVER, OR ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT ALLOWABLE BY LAW IN AREAS WHERE SUCH LIMITATIONS ARE NOT PROHIBITED BY LAW, AND IN NO EVENT SHALL EXCEED $100.00.
SOME AREAS AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF WARRANTIES OR LIMITATON OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU FOR THIS REASON.
YOU AGREE TO INDEMNIFY AND HOLD VITA OPTIMUS HARMLESS AND DEFEND ANY ACTION BROUGHT AGAINST IT WITH RESPECT TO ANY CLAIM, DEMAND, CAUSE OF ACTION, INJURY, LOSS, COST, DEBT OR LIABILITY, INCLUDING REASONABLE ATTORNEYS’ FEES, BROUGHT BY ANY THIRD PARTY RELATING TO ANY ASPECT OF YOUR USE, ATTEMPTED USE, OR MISUSE OF THIS WEBSITE AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS ARISING OUT OF YOUR ENGAGEMENT WITH PROVIDERS, ADVERTISERS OR OTHER ENTITIES DISPLAYED ON THIS WEBSITE. VITA OPTIMUS AND ALL OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, PARTNERS, AND EMPLOYEES WILL ALSO BE INDEMNIFIED AND HELD HARMLESS FROM CLAIMS THAT RESULT FROM YOUR FAILURE TO ACT, OR ANY BREACH OF THIS AGREEMENT MADE BY YOU. YOU AGREE THAT YOU WILL COOPERATE IN THE DEFENSE OF ANY CLAIM TO THE FULLEST EXTENT THAT IS REQUIRED. VITA OPTIMUS MAY, AT OUR OWN EXPENSE, ASSUME EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER THAT MAY OTHERWISE BE SUBJECT TO YOUR INDEMNIFICATION. YOU MAY NOT SETTLE ANY EVENT OR MATTER WITHOUT WRITTEN CONSENT FROM VITA OPTIMUS.
Copyright and Trademark Information
This Website, the Services, all Website Content and all Provider Content are the property of Vita Optimus or its third-party licensors and are protected from unauthorized copying and dissemination by worldwide copyright, patent, trademark and other intellectual property rights laws and treaty provisions whether or not a copyright notice is present. You agree to comply with all intellectual property rights laws during your use of this Website and to prevent any unauthorized copying of the Website, the Services, the Website Content and the Provider Content.
You may not use, alter, copy, distribute, transmit, or derive another work from this Website, any Services, any Website Content and any Provider Content, except as expressly permitted by this Agreement.
No right, title or interest in this Website, any Services, any Website Content or any Provider Content is transferred to You, whether as a result of downloading such content or otherwise. Vita Optimus reserves complete title and full intellectual property rights in the Website, all Services, all Website Content and all Provider Content.
The trademarks, logos, and service marks displayed on the Website and the Services are registered trademarks of Vita Optimus, Providers displayed on this Website, or of other third parties. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise any license or right to use any trademark or copyrightable material displayed on the Website without the written permission of Vita Optimus or such third party that may own the trademarks or copyrightable material displayed on the Website.
Prohibited Website Use
Vita Optimus provides You with permission to use this Website strictly for personal, non-commercial, lawful purposes in order to obtain information regarding the listed Providers and their services. Vita Optimus expressly prohibits any other use of this Website. Anytime You use this Website, You agree that You will not:
- Transmit or submit any information, data or material in violation of any applicable law or regulation
- Provide any false or inaccurate information;
- Misrepresent your affiliation with any person or agency or impersonate another person or agency;
- Provide information that You are not legally allowed to disclose;
- Use this Website for any commercial purposes, including without limitation sending advertisements and commercial messages to the listed Providers;
- Use this Website to submit messages unrelated to the subject topic or to obtaining information about Providers or their services;
- Harass, stalk, threaten or abuse any other person, whether another user of this website, a Vita Optimus representative or any Provider who contacts You;
- Infringe upon the copyright, trademark, trade secret, patent, publicity, privacy or other proprietary rights of any third party;
- Transmit, distribute, republish, display, post, upload, reproduce or copy any of the information contained within this Website either in whole or in part;
- Reproduce this Website in whole or in part on your own website, including using a border or frame environment around the site or using any other framing or mirroring technique to enclose or replicate any part of this Website;
- Translate this Website in whole or in part into any other language, including computer language, or create derivative works from any part of this Website;
- Offer to sell or sell, license or transfer any part of this Website to any third party;
- Use automatic or manual processes like robots and spiders to copy, monitor, or keep a database copy of any part of this Website;
- Use this Website for any purpose other than that for which it is intended, or for any purpose other than gathering information regarding the subject matter and making legitimate inquiries about the Providers featured by this Website;
- Post any material, including that which is vulgar, indecent, libelous, defamatory, fraudulent, harmful, abusive, unlawful, threatening, inflammatory, pornographic, sexually explicit, or which may encourage or solicit conduct that would be considered a criminal offense or prohibited by this Agreement;
- Use this Website or access it in such a way that affects the functionality of the Website or any of the other computers and networks connected to this Website;
- Upload or transmit any device or software that contains viruses, Trojan horses, time bombs, worms or any other routines to this Website or in connection with the Website that may damage or interfere with the normal operation of this Website;
- Violate federal export restrictions in connection with use of this Website and/or Services;
- Attempt to disguise or alter the origin of any inquiry or information that is transmitted through this Website; or
- Use this Website in any manner that violates federal and state laws, including but not limited to laws that regulate the use of telephone solicitations, fax transmissions and commercial email.
Please email us whenever You become aware of or experience any activities or communications that appear to violate the above terms.
Unless specifically provided herein, this Agreement contains the entire agreement between the Parties relating to the subject matter hereof and supersedes any and all prior and contemporaneous understandings, representations, warranties, and agreements, both written and oral, between the Parties related to the subject matter hereof.
Should any provision of this Agreement be held by a court of competent jurisdiction to be enforceable only if modified, or if any portion of this Agreement shall be held as unenforceable and thus stricken, such holding shall not affect the validity of the remainder of this Agreement, the balance of which shall continue to be binding upon the Parties with any such modification to become a part hereof and treated as though originally set forth in this Agreement.
The Parties further agree that any such court is expressly authorized to modify any such unenforceable provision of this Agreement in lieu of severing such unenforceable provision from this Agreement in its entirety, whether by rewriting the offending provision, deleting any or all of the offending provision, adding additional language to this Agreement or by making such other modifications as it deems warranted to carry out the intent and agreement of the Parties as embodied herein to the maximum extent permitted by law.
The Parties expressly agree that this Agreement as so modified by the court shall be binding upon and enforceable against each of them. In any event, should one or more of the provisions of this Agreement be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof, and if such provision or provisions are not modified as provided above, this Agreement shall be construed as if such invalid, illegal or unenforceable provisions had not been set forth herein.
No Third-Party Beneficiaries
This Agreement is only between you and Vita Optimus, and does not make any other user or any other third party a beneficiary of this Agreement, whether known or contemplated by either Party. Further, this Agreement does not make you a third-party beneficiary of any agreement that Vita Optimus may have with third parties, nor does this Agreement make Vita Optimus a third-party beneficiary of any agreement that you may have with third parties.
Assignment of Rights
Each of the Parties hereto represents and warrants that it has the power and authority to enter into this Agreement and that it has not assigned or otherwise conveyed, or attempted to convey, any of the rights released herein.
Successors and Assigns
Vita Optimus may freely assign this Agreement at any time. This Agreement shall inure to the benefit of Vita Optimus and to all of its employees, agents, servants, insurers, legatees, attorneys, predecessors, successors, assigns, heirs, executors, parents, officers, directors, shareholders, and joint ventures. You may not assign this Agreement or any part hereof. Any purported assignment by you shall be null and void from the initial date of purported assignment.
The Parties expressly disclaim the right to claim the enforceability or effectiveness of any oral modifications to this Agreement, and any other amendments that are based on course of dealing, waiver, reliance, estoppel or similar legal theory. The Parties expressly disclaim the right to enforce any rule of law that is contrary to the terms of this section.
The failure of Vita Optimus to impose or enforce, or the delay by Vita Optimus in imposing or enforcing, any of its rights under this Agreement will not be deemed to be a waiver or modification by Vita Optimus of any of its rights under this Agreement. Failure by Vita Optimus to insist upon strict compliance with any of the terms, covenants or conditions of this Agreement shall not be deemed a waiver by Vita Optimus of that term, covenant or condition or of any other term, covenant or condition of this Agreement. Any waiver or relinquishment of any right or power hereunder by Vita Optimus at any one or more times shall not be deemed a waiver or relinquishment of that right or power at any other time.
Vita Optimus shall have no liability to you or to third parties for any failure or delay in this Website and/or Services due to circumstances beyond its reasonable control including, without limitation, acts of God or nature, actions of the government, fires, floods, strikes, civil disturbances or terrorism, or power, communications, satellite or network failures.
The section and subsection headings have been included for convenience only, are not part of this Agreement and shall not be taken as an interpretation of any provision of this Agreement. Wherever used in this Agreement, the singular shall include the plural, and the plural shall include the singular. The use of any gender, tense or conjugation shall include all genders, tenses and conjugations. The terms “hereof”, “herein”, “hereby”, “hereto”, “hereunder” and derivative or similar words refer to this entire Agreement, including the attached exhibits.
Vita Optimus makes no representation that the Website Content is appropriate for use in your state. Some Providers and/or services may not be licensed or available in all jurisdictions. If You choose to access this Website or contact any of the featured Providers, You do so on your own initiative and are responsible for compliance with any local, state and federal laws.
This Agreement, for all purposes, shall be construed in accordance with the laws of the State of Delaware without regard to conflicts-of-law principles. Any action or proceeding by either of the Parties to enforce this Agreement shall be brought only in the Circuit Court of Cook County, Illinois or the Northern District of Illinois, as the case may require.
The Parties hereby irrevocably submit to the exclusive jurisdiction of such courts and waive the defense of inconvenient forum to the maintenance of any such action or proceeding in such venue. You agree that You will not sue Vita Optimus or bring a motion against Vita Optimus in any other form, regardless of the cause of action.
You also understand and agree that any legal dispute that is between You and Vita Optimus will be governed by laws hereby specified without any regard for your location at the time the access or attempted access to this Website and/or Services occurred or your current location.
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of Illinois or another location mutually agreeable to the Parties. The arbitration shall be conducted on a confidential basis pursuant to the Consumer Arbitration Rules of the American Arbitration Association (“Rules of Arbitration”). Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by three (3) arbitrators experienced in the subject matter and shall include a written record of the arbitration hearing. The Parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
Each Party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a Party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other Party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.
Class Action Waiver
Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between you and Vita Optimus alone. Claims may not be joined or consolidated unless agreed to in writing by all Parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement, and without waiving either Party's right of appeal, if any portion of this “Class Action Waiver” provision is deemed invalid or unenforceable, then the entire Arbitration Provision shall not apply.
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