VitalBulk® URL Terms of Use Agreement

1. Introduction

        Welcome to the VitalBulk website ("Site"). This Terms of Use Agreement ("Agreement") details the agreement between VitalBulk, Inc (“We") and Users of this Site ("User or “Users”) governing the use of this Site. Users should read this Agreement carefully before using this Site, as by using this Site, Users agree to be bound by all the Terms contained in this Agreement.

        We will notify Users of any material changes to these Terms by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made that these Terms have been updated, and by changing the "Last Updated" date at the top of this page. We encourage Users to check this page periodically for any changes. Users who continue to use the Site following the posting of changes to these terms agree to and accept those changes. Further, when using particular services or features or making purchases on the Site, Users shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted. All such posted updates, guidelines or policies are hereby incorporated by reference into this Agreement.

1. Healthcare

        This Site is not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through this Site, including information that may be provided on the Site directly or via linking to third-party Sites by a state-licensed healthcare professional, are provided for informational purposes only. Please consult with a state-licensed healthcare professional regarding any medical or health-related diagnosis or treatment options.

        The information provided on this Site and Linked Sites (as defined in Point 5 below), including information relating to medical and health conditions, products and treatments, may be provided in summary or aggregate form. Again, such information on the Site and Linked Sites, or any information contained on or in any product label or labeling, is not intended to diagnose, treat, cure or prevent disease or serve as a substitute for advice from a User state-licensed Healthcare Professional,

        User should not use the information or services on this Site for diagnosis of any health concern or disease or for prescription of any drugs or treatments; but should always consult with a state-licensed Healthcare Professional and carefully read all information from the provider of any drug, treatment or dietary supplement; or before starting any drug program; treatment, diet or exercise program; any or any dietary supplement regimen Users should also consult a state-licensed Healthcare Professional about known and potential interactions between drugs and dietary supplements before consuming drugs or dietary supplements.

1. Privacy

        Please carefully review VitalBulk’s Privacy Policy, as any use of this Site is subject to and bound by the terms of the Privacy Policy, which is hereby incorporated into and made part of this Agreement. We reserve the right, and User authorizes VitalBulk, to use, information regarding User use of this Site, including User account registration, and any other personal information provided by User in accordance with the Privacy Policy.

1. Intellectual Property

        We and User acknowledge and agree that all materials on the Site, including any designs, graphics, text, sounds, pictures, software and other files on the Site, and the selection and arrangement thereof (collectively, "Materials"), are the property of VitalBulk or its licensors, and are subject to and protected by United States and international intellectual property and copyright laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective owners, and except as expressly authorized by this Agreement or specifically stated on the Site, may not be copied, reproduced, posted, distributed, republished, downloaded, performed, displayed, transmitted, exploited, or otherwise used in any form or by any means, without the prior written authorization of VitalBulk, Inc., or the respective Material owner.

        We authorize User to view and download the Materials only for personal, non-commercial use, provided that User retains intact all copyright and other proprietary notices contained in the Materials. User may not modify or adapt the Materials for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on this Site are the sole property of VitalBulk and/or its suppliers or licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of VitalBulk and/or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Trade Marks of VitalBulk and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of VitalBulk.

        We will enforce VitalBulk’s intellectual property rights to the fullest extent of the law.

1. Links & Other Third Party Websites

        Links on the Site to other third party websites (‘Linked Sites”) are provided only as a convenience to Users. If Users use these links, Users will leave the VitalBulk Site, as VitalBulk does not own, control or endorse any other third party websites. User agrees that VitalBulk shall not be responsible or liable for any content, goods or services provided on or through these other third party websites or for User use or inability to use such websites, which will be used by User at User’s own risk; and User further agrees that User correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of the Site, including payment for and delivery of any goods or services, and any other terms, conditions, warranties or representations associated with such other third party Sites, are solely between User and the other third party Site, and are not the responsibility of VitalBulk.

1. Usage & Termination

        Users are able to establish an account on this Site in order to take advantage of certain features of this Site, such as making a purchase. If User provides information on this Site, User agrees to (a) provide true, accurate, current and complete User information as prompted by the Site, and (b) maintain and promptly update such information to keep it true, accurate, current and complete to the extent the Site facilitates such updates. If User provides any information that is false, inaccurate, outdated or incomplete, or We have reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, We retain the right to suspend or terminate any User account and prohibit any and all current or future use of the Site (or any portion thereof) by any User.

        User will create a username and password while completing an account registration; and remains responsible for maintaining the confidentiality of the password and account, and for all activities that occur under User’s password or account. User agrees to (a) immediately notify VitalBulk of any unauthorized use of User’s password or account or any other breach of security, and (b) ensure that User exit from User’s account at the end of each session and (c) be responsible for all charges resulting from the use of User account on the Site, including charges resulting from unauthorized use of User account prior to User taking steps to prevent such occurrence by changing User password and notifying VitalBulk. User agrees to use this Site only for lawful purposes, and remain responsible for User use of and communications on the Site, including NOT posting or transmitting through this Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. User agrees not to use this Site in any manner that interferes with its normal operation or with any other User's use and enjoyment of the Site.

        User also agrees that User will not access this Site by any means except through the interface provided by VitalBulk for access to the Site. Creating or maintaining any link from another website to any page on this Site, or running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another website, without the prior written authorization from VitalBulk is unauthorized and prohibited. Any links authorized and permitted by VitalBulk to this Site are and must comply with all United States applicable laws, rule and regulations. We make no representation that Materials contained on the Site or products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Users who use the Site and reside outside the United States act on their own initiative and are responsible for compliance with all laws of their respective country, as applicable. User further agrees not to access this Site from any country or territory where its contents are illegal, and that User, and not VitalBulk, is responsible for compliance with applicable laws and regulations from their respective country or territory.

        This Agreement is effective unless and until terminated by either User or VitalBulk. User may terminate this Agreement at any time, provided that User discontinues any further use of this Site. VitalBulk may also terminate or suspend this Agreement, at any time, without notice, and accordingly deny User access to the Site if, in VitalBulk’s sole discretion, User fail to comply with any Term of this Agreement or User use is harmful to the interests of another User or VitalBulk. Upon any termination of the Agreement by either VitalBulk or User, User must promptly destroy all Materials downloaded or otherwise obtained from this Site, as well as all copies of such Materials, whether made under the Terms of use or otherwise. User further agrees that We may terminate or suspend User access to all or part of the Site, without notice, for any conduct that We, in VitalBulk’s sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user or VitalBulk.

        We reserve the right at any time and from time to time to modify or discontinue the Site, or any part thereof, with or without notice. User agrees that Sections 4, 7 through 9 and 13 of this Agreement shall survive any termination of this agreement.

1. User Content and Conduct

Users may post content ("User Content") on certain sections of the Site. Please note that the Site is intended for adult use; therefore We preclude posting by anyone under the age of 18. User understands and agrees that all User Content publicly posted or privately transmitted is the sole responsibility of the User. Although the Site is designed to be a safe place to share User Content, We cannot guarantee that other Users will not revise or misuse the User Content that User posts. If User has any User Content they desire to remain confidential it should NOT be posted to the Site.

If a User posts User Content in or to the Site, User thereby grants VitalBulk royalty-free, fully paid, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or in part) worldwide; and/or to incorporate it in other works in any form, media, or technology now known or later developed. User specifically waives any "moral rights" in and to the User Content they post. This grant includes, without limitation, any copyrights and other intellectual property rights in and to User Content. Users further represent and warrant that: they own the User Content posted by User on or through the Site or otherwise have the right to grant the license set forth in this Section; and the posting of User Content on or through the Site does not violate any privacy, publicity, copy, contract or any other rights of any person. User understands and agrees to pay for all royalties, fees, and any other monies owing any person by reason of any User Content User posts to or through the Site.

Users further understand and agree that We may retain User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of VitalBulk, its users and the public. User acknowledges that Site technologies may involve transmissions of User Content over various networks and contextual changes of User Content to conform and adapt to technologies of connecting networks or devices.

Users agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to VitalBulk globally. Posting of User Content to or through the Site, including ideas or disclosures of opinions, is voluntary by Users. No confidential or contractual relationship is established by User posting of User Content; nor implied by VitalBulk review or subsequent use of User Content. We will not be liable for any disclosure of any User Content, including any User opinions or recommendations posted to or through the Site. Further, Users agree that We are entitled to unrestricted use of any User Content We may receive from, for any purpose whatsoever, commercial or otherwise, without compensation to User as provider of the User Content.

Users agree NOT to:

a)      upload, post, email or otherwise transmit any User Content that is unlawful, vulgar, obscene, libelous, invasive of another's privacy, hateful, harmful, abusive, threatening, harassing, defamatory, or racially, ethnically or otherwise objectionable;

b)      harm minors in any way;

c)      impersonate any person or entity, including, but not limited to a representative of VitalBulk, or falsely state or otherwise misrepresent User affiliation with a person or entity;

d)      forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;

e)      upload, post, email or otherwise transmit any User Content that:’

f)       User does not have a right to transmit under any law or under any relationships (e.g. insider, proprietary and confidential information learned or disclosed as part of employment or signed non-disclosure agreements);infringes any intellectual patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party is or contains any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; contains software “bugs” or “viruses” or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment; disrupt the normal flow of dialogue on the Site, or causes a Site screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges on the Site;

g)      interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

h)      digitally "stalk" or otherwise harass any other User or non-User;

i)        collect or store personal data about other Site users; and

j)        gain access to unauthorized areas of the Site or the network or servers of VitalBulk or our service providers.

We will terminate the account of and/or block Site Users who violate the rights of any other person on this Site. User understands that by using the Site, User may be exposed to User Content created by others that may be perceived as offensive, indecent or objectionable. We do not review, endorse or have control over any User Content, and such User Content does not reflect the opinions or policies of VitalBulk. We make no representations or warranties, express or implied, as to the accuracy, appropriateness or reliability of any User Content or any other material or information that Users may access through the Site; We assume no responsibility for monitoring any User conduct on the Site, nor for User Content on the Site for appropriateness ; and therefore We assume no responsibility for the User Content; have no obligation to modify or remove any inappropriate User Content, and bear no responsibility for the conduct of the Site Users submitting any such User Content. We do, nevertheless, retain the right to remove any User Content that violates this Agreement or is otherwise objectionable, in VitalBulk's sole discretion. Users agree that Users must evaluate, and bear all risks associated with, the viewing or use of any User Content, including any reliance on the accuracy, completeness, appropriateness or usefulness of such User Content; therefore, Users acknowledges that Users may not rely on any User Content. Users are solely responsible for User interactions with other Site Users. We retain the right, but no obligation, to monitor disputes between Site Users and to terminate Site access to any User deemed by VitalBulk to be in violation of the Terms of this Agreement.

9.  Applicable Law, Jurisdiction & Dispute Resolution

This Agreement shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal laws, and the laws of the State of California in the United States, regardless to its choice of law provisions. Any dispute or claim relating in any way to User use of the Site, or to any products or services sold or distributed by VitalBulk or through the Site will be resolved by binding arbitration, rather than in court, except that User may assert claims in small claims court if User claims qualify. User understands and agrees that they are waiving the right to sue or go to court to assert or defend rights under this agreement. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Use as a court would. To begin an arbitration proceeding, User must send a letter requesting arbitration and describing User’s claim to VitalBulk’s registered arbitration agent: (i) VitalBulk, Inc., 440 Kings Village Rd., Building 8, Scotts Valley, CA 95066, if by certified mail or overnight courier, or (ii) mark@vitalbulk.com if by email (“Notice Address”).

The arbitration will be conducted according to the rules of the American Arbitration Association (AAA), including the AAA's Supplementary Procedures for Consumer Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, We will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. User may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where User lives or at another mutually agreed location.

Both We and User each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We and User each agree that any arbitrator hearing a claim may not: (a) combine more than one individual’s claim or claims into a single case; (b) order, require, participate in or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, or representative proceeding. If for any reason a claim proceeds in court rather than in arbitration We and User each waive any right to a jury trial. We and User also both agree that User or We may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

10.  Severability & Interpretation

If any provision of this Agreement is deemed illegal or unenforceable, the remainder of this Agreement shall continue to be fully valid, binding, and enforceable. When used in this Agreement, the term "including" shall be deemed to be followed by the words "without limitation."

11.   Entire Agreement

This Agreement constitutes the entire and only Agreement between VitalBulk and each User of this Site with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.

12.  Adherence

The failure of VitalBulk to insist upon strict adherence to any specific term of this Agreement shall not constitute a waiver of that term and shall not be considered a waiver or limit VitalBulk’s right to later insist upon strict adherence to that term or any other term of this Agreement.

13. Intellectual Property

We respect the intellectual property rights of others and require that Site Users do the same. If any User believes that proprietary work has been copied in a way that constitutes copyright infringement, please forward to VitalBulk’s Customer Service Department, at 440 Kings Village Road, Building 8, Scotts Valley, California, 95066 USA or at customerservice@vitalbulk.com, designated as such pursuant to the Digital Millennium Copyright Act, 17USC§512(c)(2), the following information, per 17USC§512(c)(3),

a)   A valid signature of the person authorized to act on behalf of the owner of the copyright;

b)   A description of the copyrighted work claimed to have been infringed;

c)   A description of where the material claimed to be infringing is located on the Site;

d)   Claimant’s address, telephone number, and email address;

e)   A statement by Claimant that they have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f)    A statement by Claimant, made under penalty of perjury, that the above information in the notice is accurate and that Claimant is the copyright owner or authorized to act on the copyright owner's behalf.

14. Contact Information