Please read this Agreement carefully before accessing or using the Website and its Related Products/Services. By accessing or using any part of the Website or using its services, you (“User” or You”) agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any of its services. If these terms and conditions are considered an offer by Fully Vital, acceptance is expressly limited to these terms. The Website and its services are available only to individuals who are at least 13 years old.
DISCLAIMER: FULLY VITAL PROVIDES FULLY VITAL READING SERVICES FOR ENTERTAINMENT PURPOSES ONLY. THE INFORMATION CONTAINED ON THE WEBSITE, OR IN ANY EMAIL OR MATERIALS RECEIVED FROM THE WEBSITE IS NOT GUARANTEED IN ANY WAY. FULLY VITAL DOES NOT INTEND FOR ANY OF THE INFORMATION IT PROVIDES TO BE EXCLUSIVELY RELIED UPON AND IS NOT RESPONSIBLE FOR YOUR APPLICATION OR INTERPRETATION OF THIS INFORMATION. IT IS THE RESPONSIBILITY OF THE USER OF THIS WEBSITE TO USE HIS/HER COMMON SENSE WHEN READING ANY INFORMATION PROVIDED TO THEM, AND TO CONSULT THE APPROPRIATE MEDICAL OR LEGAL PROFESSIONAL FOR ANY SERIOUS PHYSICAL, MENTAL OR LEGAL ISSUE THEY MAY BE CONFRONTING.
1. Intellectual Property. This Agreement does not transfer from Fully Vital to you any Fully Vital or third party intellectual property right. All right, title, and interest in and to any intellectual property will remain solely with Fully Vital. The “Fully Vital” name, and all other trademarks, service marks, graphics and logos, used in connection with Fully Vital are the exclusive property of Fully Vital. Other trademarks, service marks, graphics, and logos used on the Website may be the property of third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Fully Vital or other third party mark.
• Copyright Disclaimer: Fully Vital retains copyrights on all text, data, images, audio, video, templates or other materials on this website. You may not distribute, modify, transmit, reuse, report or use the contents of the website, including text, data, images, audio, video and other materials, for public or commercial purposes without the written permission of Fully Vital.
• Trademark Disclaimer: Product names, logos, brands, and other trademarks featured or referred to within the website or other Fully Vital products and services are the property of their respective trademark holders. These trademark holders are not affiliated with Fully Vital, our products, or our website. They do not sponsor or endorse our materials.
2. Changes. Fully Vital reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Fully Vital may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
4. Disclaimer of Warranties. To the extent permitted by applicable law, the Website and Related Products/Services are provided “as is”. No liability for the contents of the website can be accepted by Fully Vital. Fully Vital and its partners and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Fully Vital nor its suppliers and licensors, makes any warranty that the Website and Related Products/Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. Fully Vital does not warrant or make representations regarding the use or results of the use of the materials and information on this website in terms of their correctness, accuracy, reliability or otherwise. No advice, information, predictions, evaluations, suggestions, recommendations, or other communications from the Website shall create any warranty of any kind. ALL INFORMAITON CONTAINED IN THIS WEBSITE IS FOR ENTERTAINMENT PURPOSES ONLY. ACCEPTANCE, RELIANCE, OR CONCIOUS DISREGARD OF ANY COMMUNICAITON FROM THE WEBSITE IS TAKEN AT YOUR OWN RISK.
5. Limitation of Liability. To the extent permitted by applicable law, in no event will Fully Vital or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Fully Vital under this agreement during the twelve (12) month period prior to the cause of action. Furthermore, neither Fully Vital nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind of character whatsoever based upon or resulting from any information, materials or opinions provided in the website. In no event shall Fully Vital be liable for special, indirect, exemplary or consequential damages or any damages whatsoever, including but not limited to, loss of use, data or profits, without regard to the form of any action, including but not limited to contract, negligence, or other tortuous actions, all arising out of or in connection with the use, copying or display or the contents of this website. Fully Vital shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
7. Indemnification. You agree to indemnify and hold harmless Fully Vital, its partners, subsidiaries, contractors, licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and Related Products/Services, including but not limited to your violation of this Agreement.
8. Miscellaneous. This Agreement constitutes the entire agreement between Fully Vital and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Fully Vital, or by the posting by Fully Vital of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website and Related Products/Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Diego County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Diego, California, in the English language and the arbitral decision may be enforced in any court. Regardless of outcome of any action or proceeding you will at no time be entitled to costs or attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement to any party; Fully Vital may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
10. Other parties. You accept that, as a limited liability entity, Fully Vital has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Fully Vital officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Agreement will protect Fully Vital officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.