This vitalhealth.com web site (the “Service”) is an online information service provided by vitalhealth.com that contains information from various content providers (“Suppliers”). The Service is offered to you, the user of this Service (“You” or “Your”), subject to your acceptance of and compliance with the terms and conditions as presented in this Terms of Service Agreement (“Agreement”). “We,” “Us,” “Our,” and “VHI” refer collectively to vitalhealth.com and its affiliates, such as directors, officers, employees, and its representatives. Your use or accessing of the Service constitutes your agreement to be bound by this Terms of Service Agreement (“Agreement”). You are not permitted to access the Service if you do not agree to be bound by this Agreement. This Agreement should be read carefully and in its entirety prior to using this site.
We grant you a limited right (“License”) to view and use any of the information, content, or advertisements (collectively, the “Materials”) contained on, distributed through, linked, downloaded, or accessed from the Service, subject to the terms and conditions of this Agreement. You may download or print a copy of information provided in this Service for your personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited. We may, in our sole discretion and without prior notice, terminate or modify the Service or otherwise limit or terminate the License, whether to you individually or the public generally, without liability to you or any third party.
3.1. General Purpose of Services
The goal of the Service is to be a resource of timely information for the general public, but necessarily it is of a general nature. We cannot guarantee that the Materials are comprehensive, complete or include the most recent information available. All information should be reviewed with your healthcare provider and you should never delay, ignore or fail to obtain medical advice based on information obtained from the Service.
3.2. Proper Use of Materials
You represent and warrant that you will not use the Service or any products, information, or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in connection with the Service (the “Products) for any purpose that is unlawful, contrary to instructions for use, or prohibited by this Agreement. Materials may not be downloaded, reproduced, republished, reprinted, retransmitted, disseminated, or resold in whole or in part, for commercial or any other purposes, and use of the Service to establish independent data files or compendiums of information is strictly prohibited and violators will be prosecuted. Without limiting the foregoing, you are solely responsible for any material that you send to any other person(s) that was made available from the Service.
When we receive an e-mail, we may make reasonable efforts to respond in as timely a manner as practical but we do not guarantee that we will respond to all inquiries and in any event we will not respond with advice for specific individual medical questions. You shall not post or transmit any message that is harmful, threatening, or abusive. You may not post or transmit any file that contains any virus, worm, Trojan horse, or any other contaminating or destructive feature.
You shall be subject to any guidelines or rules that may be posted by the Service from time to time, and all such guidelines or rules are hereby incorporated by reference into the Agreement.
3.5. Use of Your Information
We respect your privacy. We may gather and share general information about the areas, topics and communities of interest, zip codes, and products and website or linked services used or accessed by our visitors. Such information, though, would be aggregate – not individual. If you elect to provide additional information about yourself (which may include, but not be limited to, your name, e-mail address, mailing address or other background or contact information), such information may be used for the purpose for which it was given, for possible contact during an emergency, and to enforce this Agreement.
The Service, or third parties linked to the Service, may provide links to other World Wide Web sites or resources. Vitalhealth.com does not represent that it has investigated the content of any other links, and does not endorse, warrant or guarantee any such opinions, recommendations, products, websites, individuals, organizations, or companies. Vitalhealth.com has no control over, and is not responsible for, the availability of such external sites. Vitalhealth.com shall not be liable, directly or indirectly, for any damage or loss caused by or in connection with use or reliance on any such site.
3.8. Copyrights And Trademarks
You shall not infringe upon any of our trademarks or copyrights such as “Vital Health Institute”, “EVE Procedure” or “vitalhealth.com” and shall not reprint or electronically reproduce any Materials without our prior written consent. If you provide information to us, you shall not do so without permission, which you are solely responsible for obtaining, from the owner of such materials or rights, and you shall be solely responsible for any such damages resulting from such disclosures.
3.9. Restriction from Minors
You must be at least 18 years of age to use the Service. You are solely responsible for enforcing access to your computer limited to the extent necessary to restrict use to adults.
The information provide through this Service is for educational purposes only. The Materials include information about medications and forms of treatment that are general in nature and do not cover all possible uses, actions, precautions, side effects, or interactions of any medicines of treatments, nor is the information intended as medical advice for individual problems or for making an evaluation as to the risks and benefits of taking a particular medicine or form of treatment. The text that may be displayed on the Service at any one time may contain only a portion of relevant information.
4.2. LIMITATION OF LIABILITY
INFORMATION SUPPLIED BY VITALHEALTH.COM IS PROVIDED “AS IS” AND NEITHER VITALHEALTH.COM NOR ANY OF THE PROFESSIONAL STAFF OR ANY OTHER PERSON MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENTS OF THIS SERVICE OR INFORMATION FURNISHED BY THEM OR OUR AGENT, EMPLOYEES OR REPRESENTATIVES. WE SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND NEGATE ANY AND ALL WARRANTIES, EXPRESS OR IMPLIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR USE, APPLICATION OR PURPOSE. VITALHEALTH.COM DOES NOT WARRANT OR MAKE ANY REPPRESENTATIONS CONCERNING THE ACCURACY, LIKLEY RESULTS, OR RELIABILITY OF THE USE OF THESE MATERIALS ON ITS WEBPAGES OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THESE PAGES. YOU HEREBY ALSO AGREE THAT VITALHEALTH.COM, THE SERVICE, AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION), AS A RESULT OF YOUR USE OR INABILITY TO USE THIS SERVICE OR ANY INFORMATION YOU OBTAIN ON IT OR ANY OTHER INTERACTION WITH VITALHEALTH.COM ITS WEB PAGES, OR ITS SUBSIDIARIES, EVEN IF VITALHEALTH.COM OR VITALHEALTH.COM AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. IN USING THESE WEB PAGES OR SERVICES, YOU AGREE THAT YOU ARE WAIVING VOLUNTARILY AND UNEQUIVOCALLY ANY LIABILITY OF VITALHEALTH.COM, ITS WEB PAGES, AND ITS SUBSIDIARIES.
We do not represent or endorse the accuracy or reliability of any of the Materials, nor the quality of any Products. You acknowledge that any reliance upon any Materials or Products is at your sole risk and you shall exercise your own informed judgment and evaluation on the use of the Products.
4.4. Revisions and Errata
The materials appearing on vitalhealth.com could include technical or typographical errors. Vitalhealth.com does not warrant that any of the materials on its Web pages are accurate, complete, or current. Vitalhealth.com may make changes to the materials contained on its Web pages at any time without notice.
4.5. File Viruses
We do not make any representation or warranty concerning errors, omissions, delays or other defects in the information supplied to you or other users of the Service, regardless of source of the problem, or that any files are free from viruses, worms, Trojan horses or any other code or source that includes or manifests contaminating or destructive characteristics.
4.6. Your Indemnification
You agree to indemnify and hold us, our affiliates and officers, directors, agents and employees, harmless from and against any claim, demand, or cause of action, including any (including attorneys fees) arising out of claims based on any aspect of use by you or others of the Service, including without limitation, (i) claims based on defamation or your other conduct in using the Service, or (ii) your violation of any intellectual property laws including without limitation those relating to our copyrights, trademarks or trade secrets.
5.1. Entire Agreement; Amendments
This Agreement takes effect on your first use of the Service and constitutes your entire agreement with vitalhealth.com and supersedes all prior or contemporaneous communications or agreements. It applies to all persons accessing the Service from your computer. We have the right to amend this Agreement at any time without notice to you by posting the changes or the entire Agreement as revised. You will regularly review this Agreement for any changes and your use of the Service following any changes constitutes your acceptance of the Agreement as changed or revised.
5.2. Dispute Resolution
Any dispute concerning this Agreement or your use of the Service, Materials or Products shall be governed by the laws of the United States of America and the State of California, excluding its choice of law principles, must be brought within 12 months after the claim or cause of action arises, and shall be brought exclusively in the United States District Court for Northern California or the County courts of Santa Clara, California, and you consent to the exercise of jurisdiction over you by such courts. To the fullest extent permitted by applicable law, each party to this Agreement waives its or his right to a jury trial with respect to any action brought under or in connection with this Agreement. In any dispute between us and you concerning the Service, we shall be entitled to recover attorney fees, costs and expenses.
5.3. Agreement Interpretation
The headings used in this Agreement are for convenience only and are not to be used in determining the meaning or interpretation of this Agreement. If any provision in this Agreement is determined to be invalid or unenforceable, that provision shall be severed from the Agreement without affecting the enforceability of all remaining provisions
5.4. Disclosure of Funding Statement
Vital Health Institute and vitalhealth.com are solely owned and funded by Andrew S. Cook, M.D.
5.5. Honesty in Advertising and Editorial Policy
This site does not accept or display any advertising or editorials from third parties. However, we do promote selected events of interest to the community which may be considered to be “friendly links”.