We reserve the right to update or modify these Terms and Conditions at any time. We encourage you to review these Terms and Conditions whenever you use the Website. By using this Website, you agree to be bound by the Terms and Conditions posted on the Website at the time of your use.
This Website is intended for personal, non-commercial purposes only. You may otherwise distribute, use or exploit the content on this Website in any way. You agree to use this Website and its content only for lawful, non-commercial purposes and in compliance with the all international, federal, state and local laws.
We welcome comments and submissions from our Website users. By submitting, sending, posting, uploading, modifying or otherwise providing information, material, or any other communication to us (collectively, “User Content”), you grant us and our affiliates the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, fully transferrable, assignable, sub-licensable right and license to use, copy, reduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform or display such User Content (in whole or in part), and to incorporate it in other works in/of any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties. We also have the right but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Content), city and state in connection with any broadcast, print, online or other use or publication of your User Content. If we believe or suspect that your account information is not true, accurate, current or complete, we may deny or terminate your access to this Website (or any portion thereof).
By submitting any User Content to us and/or our Website, you further represent and warrant that you own or otherwise control any and all rights in and to the User Content and that our public posting and use of that User Content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights.
Intellectual Property and Trademark Rights
This Website and all of its contents including but not limited to articles and other text, photographs, images, illustrations, graphics, video material, audio material (including musical compositions and sound recordings), software, logos, trademarks, tradenames, titles, characters, names, graphics and button icons, excluding User Content (collectively, “IP Material”), are protected by copyright, trademark and other laws of the United States, as well as international convention and the laws of other countries. The IP Material is owned or controlled by Company or by other parties that have provided rights thereto to Company.
Except as otherwise provided in these Terms and Conditions or with our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the IP Material or any portion thereof, for any purpose or by any means, methods, or process now known or later developed.
Claims Regarding Copyright Infringement
If you are a copyright owner or an agent thereof and believe that any User Content or other content on this Website infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- Identification of the copyrighted work you claim to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number and e-mail address;
- 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;
- A statement, under penalty of perjury, that the information in the above notification is accurate and that you are the owner of an exclusive right that is allegedly infringed, or you are authorized to act on the owner’s behalf; and
- A physical or electronic signature you or the owner of the copyrighted work.
Our designated Copyright Agent to receive notifications of claimed infringement is:
c/o Vital Updates Legal Department
23251 Mulholland Drive, Ste. 101
Woodland Hills, CA 91364
or by email at email@example.com
Please note that if you fail to comply with each of the notice requirements set forth above, your DMCA notice may not be processed.
After receiving a notification of infringement, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and any reference or link to material or activity that is claimed to be infringing.
If User Content that you uploaded to the Website was removed, and you believe that this was removed in error, you may send a written counter-notice to the Copyright Agent listed above, containing the following information:
- Identification of the User Content that has been removed and the location at which the User Content appeared before it was removed;
- A statement under penalty of perjury that you have a good faith belief that the User Content was removed as a result of mistake;
- Your name, address, telephone number, and e-mail address;
- A statement that you consent to the jurisdiction of the federal district court in Los Angeles, California and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
- Your physical or electronic signature.
If a complete counternotice is received by the Copyright Agent, we may send a copy of the counternotice to the original complaining party, informing that person that we will replace the removed content or cease disabling access to it within ten (10) business days. Unless we receive notice from the original complaining party that such party has filed an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored in our sole discretion.
THIRD PARTY CONTENT ACCESSIBLE VIA LINKS
WE (INCLUDING OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS AND EMPLOYEES (COLLECTIVELY, “INTERESTED PARTIES”)) PROVIDE THE WEBSITE AND ITS CONTENTS ON AN “AS-IS” BASIS AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, AND MATERIALS, INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR INTERESTED PARTIES DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN ADDITION, WE AND OUR INTERESTED PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT.
WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF ANY PERSON SUBSCRIBING OR USING THIS WEBSITE. THEREFORE, WE AND OUR INTERESTED PARTIES DECLINE ALL LIABILITY WHATSOEVER FOR IDENTITY THEFT OR ANY MISUSE OF YOUR IDENTITY OR INFORMATION.
LIMITATION OF LIABILITY
WE AND OUR INTERESTED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE, ITS CONTENT OR ANY PRODUCT ADVERTISED THROUGH THE WEBSITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, INJURY, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH PRODUCTS THAT YOU HAVE PURCHASED THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS AGAINST THAT PRODUCT MANUFACTURER OR DISTRIBUTOR. YOU FURTHER AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO YOUR USE OF THIS WEBSITE OR ANY CONTENTS OR PRODUCTS OBTAINED OR DOWNLOADED FROM THIS WEBSITE MUST BE COMMENCED NO LATER THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION AROSE.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE WEBSITE OR USE OF ANY PRODUCT ADVERTISED OR SOLD ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF A PROFESSIONAL REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, PRODUCT ADVERTISEMENT OR OTHER CONTENT ON THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND COMPANY FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
Exclusive jurisdiction for any claim or dispute relating in any way to this Website, its contents or the Products, resides in the courts of the County of Los Angeles, State of California. You agree and expressly consent to the exercise of personal jurisdiction in federal and state courts of the County of Los Angeles, State of California, in connection with any such claim or dispute.
If any party is required to retain an attorney to enforce or otherwise litigate or defend any matter or claim arising out of, relating to or in connection with the Website or its contents, then the prevailing party shall be entitled to recover from the other party its reasonable costs and expenses (including, without limitation, attorneys’ fees and costs and/or court costs) incurred in the proceeding.
These Terms & Conditions shall be binding upon and inure to the benefit of each of the parties hereto, and their respective successors and permitted assigns. You may not assign your rights or obligations under these Terms & Conditions at any time. Both parties acknowledge that these Terms & Conditions express both parties entire understanding and agreement, and that there have been no warranties, representations, covenants or understandings made by either party to the other except such as are expressly set forth in these Terms & Conditions. The parties agree that these Terms & Conditions shall be interpreted as though co-drafted by both parties hereto and any rules of contract interpretation favoring one party over the other shall be disregarded. Captions and section headings used in these Terms & Conditions are for convenience only. All necessary provisions shall survive any termination of these Terms & Conditions for any reason. If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect. The failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any of its rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, and neither party has any authority of any kind to bind the other in any respect. Any specific right or remedy provided in these Terms & Conditions shall not be exclusive but shall be cumulative upon all other rights and remedies set forth these Terms & Conditions and allowed under applicable law.
Effective date: 02/28/17