Effective Date: April 1, 2020
AUTHORIZED USER; YOUR RESPONSIBILITY; RESTRICTIONS; USE OF WEBSITE.
All information, materials, images, software, photographs, articles, functions, text and other content solely provided by or on behalf of (ViableHealth.com) on the website (collectively, “Site Content”) is the sole property of (ViableHealth.com), as between you and (ViableHealth.com). The website and all of the Site Content, and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of the United States and other countries. (ViableHealth.com) reserves all rights, in and to the website and the Site Content, which rights are not expressly granted herein. Unless otherwise noted, the (ViableHealth.com) name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Site are the property of (ViableHealth.com), its affiliates or licensors. You may not distribute, display, or disseminate any such documents, pages, images, materials or content without the prior written consent of (ViableHealth.com). Nothing contained on this website shall be construed as conferring any right or license under any trademark, copyright, or other intellectual property right. Any unauthorized use of a Site or any of the Site Content will terminate the permission or license granted herein and may violate applicable law. You will not alter, adapt or otherwise modify any part of the Site or Site Content.
THIRD PARTY CONTENT
(ViableHealth.com) may from time to time (a) link to other sites that we feel may be useful to you, and (b) post content to our website that is supplied by third parties (collectively “Third Party Content”). Third Party Content is not under the control of (ViableHealth.com). (ViableHealth.com) makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Third Party Content, any services accessible by hyperlink from our website, links contained in any Third-Party Content, or any review, changes or updates to a third party website or for third-party websites that link to our Site. Any opinions, statements, services, offers, or other information or content expressed or made available by third parties in the Third-Party Content are those of the respective author(s) or distributor(s) and not of (ViableHealth.com). The existence of such third-party links should not be considered an endorsement or recommendation of those websites or any product and/or service offered on those websites. (ViableHealth.com) does not guarantee the merchantability or fitness for any particular purpose of Third-Party Content. Please note that once you leave our website, these Terms do not govern your use of any third-party website, and you should review the applicable terms and policies, including privacy and data gathering practices, of any third-party websites.
USE OF INFORMATION
All remarks, suggestions, ideas, graphics, or other information communicated by you to us to improve the website, the Website Content or the products or services of (ViableHealth.com) or its affiliates (each, a “Submission”) will forever and permanently be property of (ViableHealth.com). We will not be required to treat any Submission as confidential and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to Submissions of every kind and nature everywhere. We will be entitled to use Submissions for any commercial or other purpose whatsoever, without compensation to you or any other person sending Submissions. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
COMPLIANCE WITH APPLICABLE LAWS
You agree to comply with all applicable federal, state, and local laws, regulations and rules that apply to your activities when using the website. (ViableHealth.com) reserves the right to terminate any account with respect to this website and to prevent your use of the website if such account is used to engage in illegal activity or to violate these Terms. (ViableHealth.com) may, in its sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS (ViableHealth.com), ITS AFFILIATES, LICENSORS, AND BUSINESS PARTNERS, INCLUDING WITHOUT LIMITATION, (VIABLEHEALTH.COM)’S SERVICE PROVIDERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, FOR ANY CLAIMS, CAUSES OF ACTIONS, PROCEDURES OR ALLEGATIONS ARISING OUT OF OR RELATING TO ANY VIOLATION OF THESE TERMS, YOUR USE OF THE WEBSITE, WEBSITE CONTENT OR USER CONTENT (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE ON YOUR BEHALF. (VIABLEHEALTH.COM) RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO DEFENSE BY YOU.
DISCLAIMER OF WARRANTIES
(VIABLEHEALTH.COM) UTILIZES REASONABLE EFFORTS AND MEANS TO ENSURE THE INFORMATION PRESENTED ON THIS WEBSITE IS ACCURATE, BUT CANNOT GUARANTEE SUCH ACCURACY. THE WEBSITE, THE WEBSITE CONTENT, AND USER CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT OR ENJOYMENT. WE MAKE NO GUARANTEE THAT THE WEBSITE CONTENT OR USER CONTENT ON THE WEBSITE IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON THE WEBSITE FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE WEBSITE CONTENT OR USER CONTENT ON THE WEBSITE WILL BE FREE OF INTERRUPTION, FREE OF ERRORS, OR THAT THE WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL (VIABLEHEALTH.COM), ITS AFFILIATES, BUSINESS PARTNERS, AND/OR ANY OTHER PARTIES INVOLVED IN DEVELOPING, PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE HELD LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE DAMAGES, OR ATTORNEY’S FEES ARISING OUT OF A CONSUMER’S ACCESS TO, OR USE OF, THIS WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY AND (VIABLEHEALTH.COM)’S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY REASON SHALL BE FOR YOU TO DISCONTINUE YOUR ACCESS TO OR USE OF THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
LAW AND VENUE
CLASS ACTION WAIVER
To the extent allowed by law, you and this site each agree to waive any right to pursue disputes on a consolidated or class-wide basis; that is, to either join a claim with the claim of any other person or entity or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding. YOU HEREBY UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THIS SITE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You and this Website (the “Parties”) agree to submit any dispute arising out of or in any way relating to this Site to binding arbitration conducted by a single arbitrator under the Commercial Rules of the American Arbitration Association (“AAA”) in Laramie County, Wyoming, rather than a proceeding in a court of law. Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises. All discovery shall be completed within sixty (60) days following the appointment of the arbitrator. Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video or other electronic means of communication. The arbitration aware shall be in writing and the arbitrator shall provide written reasons for the award. The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction. The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys’ fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings. In no event, shall the arbiter award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award. Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) for any claims of infringement or misappropriation of this Site’s copyright, trademark, or trade secrets; and (v) to enforce any decision of the arbitrator, including the final award. If any AAA rule conflicts with these Terms and Conditions, these Terms and Conditions shall control. BY AGREEING TO ARBITRATION, YOU AGREE THAT THE PARTIES ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY IN ANY ACTION IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. The headings used in these Terms are intended for convenience only, and shall not affect the drafting or interpretation hereof or thereof. (ViableHealth.com)’s failure to enforce any provision of these Terms shall not be construed as a waiver of such or any future provision. (ViableHealth.com) makes no representations that the website is appropriate or available for use in locations outside of the United States. Those who access or use the website from outside of the United States do so at their own volition and are responsible for compliance with local law. This website is not intended for distribution to, or use by, any person or entity in any jurisdiction where such use would be contrary to applicable law or regulation. By offering this website and its content, no distribution or solicitation is made by (ViableHealth.com) to any person to use the website or its content in any jurisdiction where the provision of this Site is prohibited by law. You shall obey all federal, state, and local laws, regulations and rules that apply to your activities when you use the Site. All rights not expressly granted are reserved to (ViableHealth.com).
We do not represent that all content, materials and services on our Web site are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law.