Terms of service.
Welcome to Vitality Technology LLC (“Company,” “we,” “us,” “our“), a company registered in Michigan, United States.
We operate the mobile applications Rehair (the “App“), Gloh (the “App“), Naly (the “App“), Bonde (the “App“), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“).
You can contact us by phone at 585-775-7544, email at contact@vitalitytechnologyllc.com.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you“), and Vitality Technology LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time. We will notify you of any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USE OF SERVICES
4. USER REPRESENTATIONS
5. PURCHASES AND PAYMENT
6. FREE TRIAL
7. CANCELLATION
8. SOFTWARE
9. PROHIBITED ACTIVITIES
10. USER GENERATED CONTRIBUTIONS
11. CONTRIBUTION LICENSE
12. GUIDELINES FOR REVIEWS
13. MOBILE APPLICATION LICENSE
14. THIRD-PARTY WEBSITES AND CONTENT
15. ADVERTISERS
16. SERVICES MANAGEMENT
17. PRIVACY POLICY
18. TERM AND TERMINATION
19. MODIFICATIONS AND INTERRUPTIONS
20. GOVERNING LAW
21. DISPUTE RESOLUTION
22. CORRECTIONS
23. DISCLAIMER
24. LIMITATIONS OF LIABILITY
25. INDEMNIFICATION
26. USER DATA
27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
28. CALIFORNIA USERS AND RESIDENTS
29. MISCELLANEOUS
30. CONTACT US
1. OUR SERVICES
The information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation or would subject us to any registration requirement within such jurisdiction or country. Individuals who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not designed to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or other regulatory frameworks. If your interactions would be subject to such laws, you may not use the Services. Furthermore, you may not use the Services in any manner that would violate the Gramm-Leach-Bliley Act (GLBA) or other applicable laws and regulations.
2. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
You have the legal capacity and agree to comply with these Legal Terms;
You are not a minor in the jurisdiction in which you reside, or you are using the Services with the consent of a legal guardian;
You will not access the Services through automated or non-human means, including but not limited to bots, scripts, or other automated methods;
You will not use the Services for any illegal, unauthorized, or prohibited purpose;
Your use of the Services will comply with all applicable laws and regulations.
If you provide any information that is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
3. USE OF SERVICES
3.1 Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal, non-commercial purposes, subject to these Legal Terms. You agree not to use the Services for any unlawful, unauthorized, or prohibited purposes.
3.2 Eligibility
You must be at least 18 years old to use our Services. If you are under the age of 18 or the age of majority where you reside, you may only use the Services with the consent and supervision of a legal guardian. The Services may not be used where prohibited by applicable law.
4. USER RESPONSIBILITIES
By using the Services, you agree to:
Provide accurate, current, and complete information during registration or use of the Services;
Maintain the confidentiality of your account credentials and be responsible for all activities conducted through your account;
Notify us immediately of any unauthorized use of your account or breach of security.
You agree not to:
Use the Services for any unlawful, unauthorized, or prohibited activities;
Interfere with the functionality, security, or accessibility of the Services or disrupt the experience of other users;
Submit, upload, or distribute any harmful or inappropriate content, including but not limited to content that violates laws, regulations, or intellectual property rights.
4. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our Services, including but not limited to all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics within the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright, trademark, and other intellectual property laws and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.
Your Use of Our Services
Subject to your compliance with these Legal Terms, including the “Prohibited Activities” section below, we grant you a non-exclusive, non-transferable, revocable license to:
Access the Services; and
Download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.
Except as expressly set forth in this section or elsewhere in our Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.
If you wish to use any part of the Services, Content, or Marks beyond what is expressly permitted, please send your request to: contact@vitalitytechnologyllc.com. If permission is granted to post, reproduce, or publicly display any portion of our Services or Content, you must identify us as the owners or licensors and ensure that all copyright or proprietary notices are displayed appropriately.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of these Legal Terms, and your right to use our Services will terminate immediately.
Your Submissions
Please carefully review this section and the “Prohibited Activities” section before using our Services to understand (a) the rights you grant us and (b) your obligations when posting or uploading any content through the Services.
Submissions: By sending us any questions, comments, suggestions, ideas, feedback, or other information regarding the Services (collectively, “Submissions”), you agree to assign to us all intellectual property rights in such Submissions. You acknowledge and agree that we shall own such Submissions and may use and disseminate them for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Your Responsibilities: By submitting any content through the Services, you agree that:
You have read and will comply with our “Prohibited Activities” section and will not post, upload, or transmit any Submission that is illegal, harassing, defamatory, obscene, offensive, or that violates any applicable law or third-party rights.
To the extent permitted by applicable law, you waive any moral rights to your Submissions.
You warrant that all Submissions are original to you or that you have obtained the necessary rights and licenses to submit them and grant us the aforementioned rights.
Your Submissions do not contain confidential or proprietary information.
You are solely responsible for your Submissions, and you expressly agree to indemnify and hold us harmless from any claims, losses, or liabilities that arise due to your breach of this section, infringement of third-party rights, or violation of applicable law.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
Apple App Store
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, to ensure we can complete your transactions and contact you as needed. Any applicable sales tax will be added to the total purchase price as required by law. We reserve the right to change prices at any time. All payments shall be made in US dollars.
You agree to pay all charges at the prices then in effect for your purchases, including any applicable taxes or fees, and you authorize us to charge your selected payment method for any such amounts upon placing your order. If your purchase is subject to recurring payments, you consent to automatic charges to your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you cancel the applicable subscription.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These limitations may include orders placed under the same customer account, the same payment method, and/or orders using the same billing or shipping address. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6. FREE TRIAL
We may, at our sole discretion, offer free trials to new users who register for the Services. The specific terms of any free trial, including its duration, will be communicated at the time of registration. If a free trial is offered, the user's account will be charged according to the selected subscription plan at the end of the trial period unless canceled before the expiration of the trial.
7. CANCELLATION
All purchases made through the Services are non-refundable. You may cancel your subscription at any time through the Apple App Store. Your cancellation will take effect at the end of the current paid term, and you will continue to have access to the Services until the end of the billing period. No partial refunds or credits will be issued for unused portions of the subscription period.
If you are unsatisfied with our Services, please contact us at contact@vitalitytechnologyllc.com or call us at 585-775-7544.
8. SOFTWARE
We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If the software is not accompanied by a EULA, then we grant you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our Services and in accordance with these Legal Terms.
Any software and related documentation provided through the Services is made available “AS IS” without warranty of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge and accept all risks associated with the use or performance of any software provided through the Services.
You may not copy, modify, distribute, sell, or reverse-engineer any software included in our Services, except as expressly permitted under the EULA or these Legal Terms. Any unauthorized reproduction or redistribution of the software is strictly prohibited and may result in termination of your access to the Services, as well as legal consequences.
9. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than those for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our express written permission.
Trick, defraud, or mislead us and other users, especially in any attempt to gain access to sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other harmful material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using data mining, robots, or similar data gathering and extraction tools.
Remove any copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including but not limited to clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Use the Services to advertise or offer to sell goods and services without our prior written consent.
Sell or otherwise transfer your profile.
10. USER GENERATED CONTRIBUTIONS
The Services do not currently offer users the ability to submit or post content. However, we may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or other personal information or materials (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. Any Contributions you transmit will be treated in accordance with our Privacy Policy.
By creating or making available any Contributions, you represent and warrant that:
The creation, distribution, transmission, public display, or performance, as well as the accessing, downloading, or copying of your Contributions, do not and will not infringe the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of, or have obtained the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each identifiable individual person in your Contributions to use their name, likeness, or other personal identifiers to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, defamatory, libelous, slanderous, or otherwise objectionable, as determined by us.
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against any individual or group.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy, publicity, or data protection rights of any third party.
Your Contributions do not include any content related to child exploitation or otherwise intended to harm or endanger the well-being of minors.
Your Contributions do not contain offensive comments related to race, national origin, gender, sexual preference, or physical or mental disability.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms or any applicable law or regulation.
Any use of the Services in violation of the foregoing provisions constitutes a breach of these Legal Terms and may result in, among other things, the termination or suspension of your rights to use the Services, at our sole discretion.
11. CONTRIBUTION LICENSE
You and the Services agree that we may access, store, process, and use any information and personal data you provide in accordance with our Privacy Policy and your selected preferences (including privacy settings).
By submitting suggestions, ideas, or other feedback regarding the Services, you agree that we may use and share such feedback for any purpose, including improving the Services, developing new features, and for commercial purposes, without any obligation to compensate you.
We do not claim any ownership over your Contributions. You retain full ownership of all of your Contributions, including any intellectual property rights or other proprietary rights associated with them. However, by posting or submitting Contributions to the Services, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable license to use, reproduce, modify, publish, distribute, and publicly display your Contributions for the purpose of providing and improving the Services.
We are not responsible for any statements, representations, or content provided in your Contributions in any area of the Services. You are solely responsible for your Contributions to the Services, and you expressly agree to release us from any and all liability and refrain from initiating any legal action against us regarding your Contributions.
12. GUIDELINES FOR REVIEWS
We may provide you with areas within the Services to leave reviews or ratings. When posting a review, you agree to comply with the following guidelines:
You must have firsthand experience with the product, service, or entity being reviewed.
Your reviews must not contain offensive language, including profanity, abusive, racist, offensive, or hateful content.
Your reviews must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
Your reviews must not contain references to illegal activity.
You must not be affiliated with a competitor if you are posting negative reviews.
You must not make any conclusions regarding the legality of conduct.
You must not post false or misleading statements.
You may not organize or participate in any campaign encouraging others to post reviews, whether positive or negative.
We reserve the right to accept, reject, or remove reviews at our sole discretion. We have no obligation to monitor or delete reviews, even if someone considers them objectionable or inaccurate. Reviews reflect the views of their respective authors and do not represent our opinions or those of our affiliates or partners.
We disclaim any liability for any review, including any claims, losses, or damages that may result from it.
By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to use, reproduce, modify, translate, transmit, display, perform, and/or distribute all content related to the review across any media or platform.
13. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms.
You agree that you shall not:
Except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App.
Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App.
Violate any applicable laws, rules, or regulations in connection with your access or use of the App.
Remove, alter, or obscure any proprietary notice (including any copyright or trademark notice) posted by us or our licensors.
Use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
Make the App available over a network or other environment that permits access or use by multiple devices or users at the same time.
Use the App to create a product, service, or software that is, directly or indirectly, competitive with or a substitute for the App.
Use the App to send automated queries to any website or to send any unsolicited commercial emails.
Use any proprietary information or any of our interfaces or intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you download or access the App from the Apple App Store or Google Play Store (each an “App Distributor”):
The license granted to you for our App is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.
We are responsible for providing any maintenance and support services related to the App as specified in these Legal Terms or as required under applicable law. You acknowledge that each App Distributor has no obligation to provide any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor may refund the purchase price, if any, paid for the App in accordance with its terms and policies. To the maximum extent permitted by applicable law, the App Distributor shall have no other warranty obligation with respect to the App.
You represent and warrant that:
(i) You are not located in a country that is subject to a U.S. government embargo or has been designated by the U.S. government as a “terrorist-supporting” country.
(ii) You are not listed on any U.S. government list of prohibited or restricted parties.
You must comply with applicable third-party terms of agreement when using the App; for example, if you have a VoIP application, you must not violate their wireless data service agreement when using the App.
You acknowledge and agree that the App Distributors are third-party beneficiaries of these Legal Terms and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license against you as a third-party beneficiary thereof.
14. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to third-party websites (“Third-Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content originating from third parties (“Third-Party Content”). These Third-Party Websites and Third-Party Content are not monitored, investigated, or checked for accuracy, appropriateness, or completeness by us, and we assume no responsibility for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services. This includes, but is not limited to, the content, accuracy, opinions, reliability, privacy practices, or policies of the Third-Party Websites or Third-Party Content.
The inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply our approval or endorsement. If you choose to leave the Services and access Third-Party Websites, or to use or install Third-Party Content, you do so at your own risk, and you should be aware that these Legal Terms no longer govern your interactions. It is your responsibility to review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites you visit or Third-Party Content you access from the Services.
Any purchases made through Third-Party Websites will be conducted solely between you and the applicable third party, and we assume no responsibility for such transactions. We do not warrant or endorse the products or services offered on any Third-Party Websites, and you agree to hold us harmless from any harm or losses resulting from your purchase of such products or services.
Furthermore, you agree to hold us harmless from any losses or harm suffered as a result of your interactions with Third-Party Websites or reliance on any Third-Party Content. We shall not be liable for any damages, claims, or disputes arising out of or relating to your use of any Third-Party Websites or Third-Party Content accessed through the Services.
15. ADVERTISERS
We may allow advertisers to display their advertisements and other promotional content in certain areas of the Services, such as sidebar advertisements, banner advertisements, or other designated spaces. The placement of such advertisements does not constitute an endorsement, recommendation, or guarantee of any advertised product or service by us.
We simply provide the space for such advertisements, and we do not have any further relationship with the advertisers beyond this provision. We do not control the content of these advertisements and are not responsible for any inaccuracies, misrepresentations, or omissions contained within them.
Your interactions or business dealings with advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser. You agree that we shall not be responsible or liable for any loss or damage incurred as a result of any such dealings or as a result of the presence of advertisements on the Services.
It is your responsibility to review and understand the terms, policies, and practices of any advertisers before engaging in any transaction or relying on their advertisements.
16. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
Monitor the Services for violations of these Legal Terms.
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including, without limitation, reporting such users to law enforcement authorities.
Refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof, in our sole discretion and without limitation.
Remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, in our sole discretion and without limitation, notice, or liability.
Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
We may, at our sole discretion, suspend or terminate your access to the Services if we determine that your activities violate these Legal Terms, disrupt the user experience, or pose any risk to our operations or security.
17. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://www.vitalitytechnologyllc.com/privacy-policy-1. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
Please be advised that the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
18. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of the third party. In addition to account termination or suspension, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive relief.
19. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without prior notice. However, we are under no obligation to update any information provided through the Services. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We do not guarantee that the Services will be available at all times. We may experience hardware, software, or other technical issues, or need to perform maintenance related to the Services, which may result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without prior notice. You agree that we shall not be held liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuation of the Services.
Nothing in these Legal Terms shall be construed to obligate us to maintain and support the Services, or to provide any corrections, updates, or releases in connection with the Services.
20. GOVERNING LAW
These Legal Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Michigan, United States, applicable to agreements made and to be performed entirely within the State of Michigan, without regard to its conflict of law principles.
21. DISPUTE RESOLUTION
Binding Arbitration
If the Parties are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
The arbitration may be conducted in person, through document submission, by phone, or online. The arbitrator will issue a decision in writing but is not required to provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Michigan, United States. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the arbitrator’s award.
If for any reason a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in Michigan, United States, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) shall not apply to these Legal Terms.
In no event shall any dispute related in any way to the Services be initiated more than one (1) year after the cause of action arose. If any portion of this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any dispute falling within the portion of this provision found to be illegal or unenforceable, and such dispute shall be decided by a court of competent jurisdiction within the courts specified above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the dispute between the Parties individually. To the fullest extent permitted by law:
No arbitration shall be joined with any other proceeding;
There is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
There is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following disputes are not subject to the above provisions concerning binding arbitration:
Any disputes seeking to enforce or protect, or concerning the validity of, any of a Party’s intellectual property rights;
Any disputes related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
Any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any dispute falling within the portion of this provision found to be illegal or unenforceable, and such dispute shall be decided by a court of competent jurisdiction within the courts specified above, and the Parties agree to submit to the personal jurisdiction of that court.
22. CORRECTIONS
There may be information provided through the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other related details. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice. However, we do not guarantee that any errors, inaccuracies, or omissions will be corrected immediately or at all.
23. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING:
THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE CONTENT AVAILABLE THROUGH THE SERVICES OR ANY WEBSITES LINKED TO THE SERVICES;
PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES;
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN;
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;
ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; AND
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
24. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION ARISING.
CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
25. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
Your use of the Services;
Your breach of these Legal Terms;
Any breach of your representations and warranties set forth in these Legal Terms;
Your violation of the rights of a third party, including, but not limited to, intellectual property rights; or
Any overt harmful act toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.
26. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data related to your use of the Services. Although we perform routine backups of data, you acknowledge and agree that you are solely responsible for all data that you transmit or that pertains to any activity you have undertaken using the Services.
You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. It is your responsibility to maintain appropriate backup copies of any data you deem important.
27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. By using the Services, you consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and through the Services, satisfy any legal requirement that such communications be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or the delivery or retention of non-electronic records, or to payments or credits by any means other than electronic means.
28. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing to:
1625 North Market Blvd., Suite N 112, Sacramento, California 95834
or by telephone at:
(800) 952-5210 (toll-free)
(916) 445-1254 (for Sacramento area and out-of-state calls).
29. MISCELLANEOUS
These Legal Terms, along with any policies or operating rules posted by us on the Services or in relation to the Services, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.
These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations under these Legal Terms to others at any time without notice or consent. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control.
If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.
No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or your use of the Services. You agree that these Legal Terms shall not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties to execute these Legal Terms.
30. CONTACT US
If you have any questions, concerns, or complaints regarding the Services, or if you require further information, please contact us at:
Vitality Technology LLC
Brighton, MI
United States
Phone: 585-775-7544
Email: contact@vitalitytechnologyllc.com