Last Updated April 1, 2015. I. Introduction II. Not Healthcare Advice III. Purchases IV. Privacy V. Copyright; Trademarks VI. Links; Third Party Websites VII. Disclaimer; Limitation of Liability VIII. Indemnification IX. Site Usage; Termination of Usage X. User Content and Conduct XI. Applicable Law; Jurisdiction XII. Severability; Interpretation XIII. Entire Agreement XIV. Miscellaneous XV. Copyright Policy XVI. Contact Information
I. Introduction Welcome to The ShopVitalChild.com website
II. Not Healthcare Advice
The products, information, services and other content provided on and through this Site, including information that may be provided on the Site by a healthcare or nutrition professional employed or contracting with VitalChild.com and/or any products, information, services and other content provided on any Linked Site, as defined in this Agreement, are provided for informational purposes only to facilitate discussions with your physician or other healthcare professional regarding treatment options. The information provided on this Site and Linked Sites, including information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. It is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging. You should not use the information or services on this Site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always speak with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements. VitalChild.com is not responsible for any product or service sold on or through this Site or any claims of quality or performance made on or through this Site.
If you make a purchase on the Site, your purchase will be subject to the terms of our Purchase Policy, which is hereby incorporated into and made part of this Agreement. Please review our Purchase Policy before making any such purchase. By submitting payment information in connection with any such purchase, you agree to be bound by the terms of our Purchase Policy.
Trademarks You acknowledge that all materials on the Site, including the Site's design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof, are the property of VitalChild.com or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of VitalChild.com or the respective copyright owner. VitalChild.com authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos contained or described on this Site are the sole property of VitalChild.com 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 VitalChild.com and/or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of VitalChild.com and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of VitalChild.com. VitalChild.com will enforce its intellectual property rights to the fullest extent of the law.
Third Party Websites Links on the Site to third party
websites are provided only as a convenience to you. If you use these
links, you will leave the Site. VitalChild.com does not control or
endorse any such third party websites. You agree that VitalChild.com
Parties will not be responsible or liable for any content, goods or
services provided on or through these outside websites or for your use
or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. VitalChild.com expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website. Without limiting the foregoing, your 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 related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that VitalChild.com Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
Limitation of Liability YOU EXPRESSLY UNDERSTAND AND
AGREE THAT: YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE
MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN; AND; AS AVAILABLE; BASIS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT,
VITALCHILD.COM., ITS PARENT, SUBSIDIARIES AND OTHER AFFILIATED COMPANIES
AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER
REPRESENTATIVES (COLLECTIVELY;VITALCHILD.COM PARTIES;) EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXCEPT AS
OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, VitalChild.com PARTIES
MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE
SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE
OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
VITALCHILD.COM PARTIES OR ON OR THROUGH THE SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL PRODUCTS AND
SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY
APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS
AND/OR SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, VITALCHILD.COM PARTIES DISCLAIM ALL WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH
RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH
THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
VITALCHILD.COM PARTIES EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT
DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE,
ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION AND
NON-COMPLIANCE WITH ANY PRINTED DIRECTIONS. VITALCHILD.COM PARTIES SHALL
NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR
INABILITY TO USE THE SITE, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF
INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR
ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE
INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR
TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY
THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY
THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS
OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION,
LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE
LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF
THE BASIS OF THE BARGAIN BETWEEN VITALCHILD.COM AND YOU. THE PRODUCTS,
INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE
SOLE AND ENTIRE MAXIMUM LIABILITY OF VITALCHILD.COM PARTIES FOR ANY
REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM
WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT,
INFORMATION OR SERVICE PURCHASED BY YOU FROM VITALCHILD.COM ON THIS
SITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES
OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS
MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND
LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless VitalChild.com Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys fees, resulting or arising from or relating to your use of or conduct on the Site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Site, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Site.
IX. Site Usage
X. User Content and Conduct
Where applicable at the Site, you are invited to post your own content. You understand that all User Content, whether you have publicly posted on a forum or privately transmitted to another Site user or to us, is your sole responsibility. Though the Site is designed to be a safe place to share such User Content, VitalChild.com cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use, do not post it to the Site. Under no circumstances will VitalChild.com be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Site. VITALCHILD.COM IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SITE. By posting any User Content at the Site, you hereby grant VitalChild.com a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sublicensable 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 part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any "moral Rights"; in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Site or otherwise have the right to grant the license set forth in this Section 10; and the posting of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Site. You acknowledge and agree that VitalChild.com may preserve 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 VitalChild.com, its users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve: transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. You agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to VitalChild.com worldwide. Posting of User Content to or through the Site, including ideas or disclosures of opinions, is voluntary on your part. No confidential or contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. VitalChild.com shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Site. VITALCHILD.COM SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE SITE, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT. You agree that you will not use the Site to: (a) upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, 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 VitalChild.com, or falsely state or otherwise misrepresent your 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 you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (g) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail"; "spam"; "chain letters"; "pyramid schemes"; or any other form of solicitation, except in those areas that are designated for such purpose; (h) upload, post, email or otherwise transmit any material that contains software 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; (i) disrupt the normal flow of dialogue, cause a 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; (j) 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; (k) "stalk"; or otherwise harass another; or (l) collect or store personal data about other Site users. You understand that by using the Site, you may be exposed to User Content created by others that is offensive, indecent or objectionable. VitalChild.com does not endorse or have control over the User Content. User Content is not reviewed by VitalChild.com prior to posting and does not reflect the opinions or policies of VitalChild.com. VitalChild.com makes no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Site. VitalChild.com assumes no responsibility for monitoring the Site for inappropriate submissions or conduct. If at any time VitalChild.com chooses, in its sole discretion, to monitor the Site, VitalChild.com nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the Site users submitting any such User Content. Notwithstanding the foregoing, VitalChild.com and its designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable, in VitalChild.com's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content. You are solely responsible for your interactions with other Site users. VitalChild.com reserves the right, but has no obligation, to monitor disputes between you and other Site users and to terminate your Site access if VitalChild.com determines, in its sole discretion, that doing so is prudent.
XI. Applicable Law
Jurisdiction; Dispute Resolution This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of Hawaii and further agree that any cause of action arising from or relating to the use of this Site or this Agreement shall be brought exclusively in the Federal or State Courts residing in Honolulu County, Hawaii. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND VITALCHILD.COM HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING OR LITIGATION BROUGHT AGAINST THE OTHER WITH RESPECT TO THIS AGREEMENT OR THE SITE. IN ADDITION, NEITHER YOU NOR VITALCHILD.COM SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SITE USERS, OR LITIGATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Interpretation If any provision of this Agreement
shall be deemed unlawful, void, or for any reason unenforceable by a
court of competent jurisdiction, the validity and enforceability of any
remaining provisions shall not be affected. When used in this Agreement,
the term "including"; shall be deemed to be followed by the words
XIII. Entire Agreement
This Agreement constitutes the entire and only Agreement between VitalChild.com and each user of this Site with respect to the subject matter of this Agreement and supercedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
The failure of VitalChild.com Parties to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "Disclaimer; Limitation of Liability"; provisions of this Agreement are for the benefit of VitalChild.com Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
We respect the intellectual property rights of others and require that Site users do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to VitalChild.com's Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below: (a) A physical signature of the person authorized to act on behalf of the owner of the copyright; (b) A description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Service; (d) Your address, telephone number, and email address; (e) A statement by you that you 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 you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Copyright Agent: VitalChild.com P.O. Box 791, Kailua, HI 96734
Attn: Copyright Agent
If you have any comments or questions regarding this Agreement, or wish to report any violation of this Agreement, please contact us. We will address any issue to the best of our abilities as soon as possible.