Terms Of Use Agreement



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


This Terms of Use Agreement sets forth the agreement between VitalChild.com and each user governing the use by you of this Site. Please read this Agreement carefully before using this Site. By using this Site, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use this Site. We may, in our sole discretion, modify this Agreement with or without notice to you. The date at the top of this Agreement will indicate when the latest modifications were made. By continuing to access and use the Site after this Agreement has been modified, you are agreeing to such modifications. Therefore, you should review this Agreement prior to each use of the Site. In addition, when using particular services or features or making purchases on the Site, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.



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.


III. Purchases

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.



IV. Privacy


Use of this Site is subject to the terms of our Privacy 
Policy, which is hereby incorporated into and made part of this 
Agreement. Please carefully review our Privacy Policy. By using this 
Site, you agree to be bound by the terms of our Privacy Policy. We 
reserve the right, and you authorize us, to use information regarding 
your use of this Site , account registration, and any other personal 
information provided by you in accordance with our Privacy Policy.


V. Copyright 


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.


VI. Links

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.


VII. Disclaimer

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.



VIII. Indemnification

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

Termination of Usage You are required to establish an 
account on this Site in order to take advantage of certain features of 
this Site, such as making a purchase. If you provide information on this
Site, you agree to (a) provide true, accurate, current and complete 
information about yourself as prompted by the Site, and (b) as 
permitted, maintain and promptly update such information to keep it 
true, accurate, current and complete. If you provide any information 
that is false, inaccurate, outdated or incomplete, or VitalChild.com has
reasonable grounds to suspect that such information is false, 
inaccurate, outdated or incomplete, VitalChild.com has the right to 
suspend or terminate your account and prohibit any and all current or 
future use of the Site (or any portion thereof) by you. You will create a
username and password while completing the account registration 
process. You are responsible for maintaining the confidentiality of the 
password and account, and are fully responsible for all activities that 
occur under your password or account. You agree to (a) immediately 
notify VitalChild.com of any unauthorized use of your password or 
account or any other breach of security, and (b) ensure that you exit 
from your account at the end of each session. You agree to be 
responsible for all charges resulting from the use of your account on 
the Site, including charges resulting from unauthorized use of your 
account prior to your taking steps to prevent such occurrence by 
changing your password and notifying VitalChild.com. VitalChild.com 
Parties cannot and will not be liable for any loss or damage arising 
from your failure to comply with this section. You agree to use this 
Site only for lawful purposes, and that you are responsible for your use
of and communications on the Site. You agree not to post on or transmit
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. You agree not to use this Site in any manner that 
interferes with its normal operation or with any other users use and 
enjoyment of the Site. You further agree that you will not access this 
Site by any means except through the interface provided by 
VitalChild.com for access to the Site. Creating or maintaining any link 
from another website to any page on this Site without the prior written 
authorization of VitalChild.com is prohibited. 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 of VitalChild.com is prohibited. Any permitted 
links to this Site must comply with all applicable laws, rule and 
regulations. VitalChild.com makes 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. Visitors who use the Site and reside outside the United States 
do so on their own initiative and are responsible for compliance with 
all laws, if and to the extent local laws are applicable. You agree that
you will not access this Site from any territory where its contents are
illegal, and that you, and not VitalChild.com Parties, are responsible 
for compliance with applicable local laws. This Agreement is effective 
unless and until terminated by either you or VitalChild.com. You may 
terminate this Agreement at any time, provided that you discontinue any 
further use of this Site. VitalChild.com also may terminate or suspend 
this Agreement, at any time, without notice, and accordingly deny you 
access to the Site, if in VitalChild.com's sole discretion you fail to 
comply with any term or provision of this Agreement or your use is 
harmful to the interests of another user or VitalChild.com Parties. Upon
any termination of the Agreement by either you or us, you 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. VitalChild.com reserves the right at any time and 
from time to time to modify or discontinue, temporarily or permanently, 
the Site (or any part thereof) with or without notice. Except as 
otherwise expressly stated in this Agreement, you agree that 
VitalChild.com Parties shall not be liable to you or to any third party 
for any modification, suspension or discontinuation of the Site. You 
agree that VitalChild.com may terminate or suspend your access to all or
part of this Site, without notice, for any conduct that VitalChild.com,
in its sole discretion, believes is in violation of this Agreement or 
any applicable law or is harmful to the interests of another user or 
VitalChild.com Parties. Sections IV, VII through XII and XIV shall 
survive any termination of this Agreement.



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.



XII. Severability

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 
"without limitation";


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.



XIV. Miscellaneous

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.



XV. Policy

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.