VitalWolf.com Website Terms of Use and Notices

VITALWOLF.COM Website Terms of Use and Notices

Last Updated: August 2009

AGREEMENT BETWEEN YOU AND VITALWOLF.COM

The VITALWOLF.COM Web Site may consist of various Web sites and/or Web pages hosted by DiscountASP.net. VITALWOLF.COM is a ficticious name organized as a sole proprietorship. This Terms of Use and Notices applies to the VITALWOLF.COM Web Site and does not apply to the content of third parties.

The VITALWOLF.COM Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the VITALWOLF.COM Web Site constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Web site included within the VITALWOLF.COM Web Site may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms").

Consumer Disclosures and Consents for Electronic Information

Additionally, the VITALWOLF.COM Web Site may themselves contain additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers.

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular VITALWOLF.COM Web Site and or Web page, then these terms shall control.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement at http://www.VITALWOLF.COM/vw_ps.htm for disclosures relating to the collection and use of your personal information.

MODIFICATION OF THESE TERMS OF USE

VITALWOLF.COM reserves the right to change the terms, conditions, and notices under which the VITALWOLF.COM Site/Services are offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites and/or Web pages. Your continued use of the VITALWOLF.COM Site/Services constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the VITALWOLF.COM Site/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the VITALWOLF.COM Site/Services and/or Web page(s). Without the advance express written permission of VITALWOLF.COM, you may not ‘meta-search’ the VITALWOLF.COM Site/Services or Web pages(s), send, or cause to be sent, any automated queries of any sort to the VITALWOLF.COM Site/Services or Web page(s), or use the VITALWOLF.COM Site/Services or Web page(s) in any commercial manner except for the purchase of a product license offerred at a VitalWolf web site. “Automated queries” shall include but not be limited to using any software that sends queries to any VITALWOLF.COM Site/Services or web page to determine how a web site “ranks” on any VITALWOLF.COM Site/Services and/or Web page.

LINKS TO THIRD PARTY SITE

The VITALWOLF.COM Site/Services may contain images of and links to third party Web site ("Linked Site"). The Linked Site may not be under the control of VITALWOLF.COM and VITALWOLF.COM is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. VITALWOLF.COM is not responsible for webcasting or any other form of transmission received from any Linked Site nor is VITALWOLF.COM responsible if the Linked Site is not working appropriately. VITALWOLF.COM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by VITALWOLF.COM of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Site.

Any dealings with third parties (including advertisers, if any) included within the VITALWOLF.COM Site/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. VITALWOLF.COM shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the VITALWOLF.COM Site/Services, you will not use the VITALWOLF.COM Site/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the VITALWOLF.COM Site/Services in any manner that could damage, disable, overburden, or impair any VITALWOLF.COM Site/Service(s) (or the network(s) connected to any VITALWOLF.COM Site/Service(s)) or interfere with any other party's use and enjoyment of any VITALWOLF.COM Site/Service(s). You may not attempt to gain unauthorized access to any VITALWOLF.COM Site/Service, other accounts, computer systems or networks connected to any VITALWOLF.COM Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the VITALWOLF.COM Site/Services.

USE OF SERVICES

You agree you will not:

Use VITALWOLF.COM e-mail communication in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.

Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.

Use any material or information, including images or photographs, which is made available through the VITALWOLF.COM Site/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

Use of meta tag searches on the web site.

Harvest or otherwise collect information about others, including e-mail addresses.

Violate any applicable laws or regulations.

Create a false identity for the purpose of misleading others.

Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an VITALWOLF.COM Site/Service(s) or other user or usage information or any portion thereof.

VITALWOLF.COM reserves the right at all times to disclose any information as VITALWOLF.COM deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE VITALWOLF.COM SITE/SERVICES

All content and software (if any) that is made available to view and/or download in connection with the VITALWOLF.COM Site/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of VITALWOLF.COM and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, VITALWOLF.COM hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular VITALWOLF.COM Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE VITALWOLF.COM SITE/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE VITALWOLF.COM SITE/SERVICES AND TO THE INFORMATION THEREIN. VITALWOLF.COM MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE VITALWOLF.COM SITE/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE VITALWOLF.COM SITE/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

VITALWOLF.COM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE VITALWOLF.COM SITE/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. VITALWOLF.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT VITALWOLF.COM AND/OR THE SPONSOR(S) OF VITALWOLF.COM SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A VITALWOLF.COM SITE/SERVICE. YOU SPECIFICALLY AGREE THAT VITALWOLF.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT VITALWOLF.COM IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A VITALWOLF.COM SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL VITALWOLF.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE VITALWOLF.COM PRODUCT(S), AND SITE/SERVICES, WITH THE DELAY OR INABILITY TO USE THE VITALWOLF.COM SITE/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE VITALWOLF.COM SITE/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE VITALWOLF.COM SITE/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VITALWOLF.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE VITALWOLF.COM SITE/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VITALWOLF.COM SITE/SERVICES AND/OR PRODUCT(S).

VITALWOLF.COM MAKES NO WARRANTY THAT ANY VITALWOLF.COM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

GENERAL

Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of the State of New York, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Ontario County, New York, U.S.A. in all disputes arising out of or relating to the use of the VITALWOLF.COM Site/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and VITALWOLF.COM as a result of this agreement or use of the VITALWOLF.COM Site/Services. You agree to indemnify and hold VITALWOLF.COM, its sponsor(s), subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the VITALWOLF.COM Site/Services. VITALWOLF.COM reserves the right to disclose any personal information about you or your use of the VITALWOLF.COM Site/Services, including its contents, without your prior permission if VITALWOLF.COM has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of VITALWOLF.COM and/or VITALWOLF.COM sponsor(s); (3) enforce the terms or use; or (4) act to protect the interests of others. VITALWOLF.COM's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of VITALWOLF.COM's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the VITALWOLF.COM Site/Services or information provided to or gathered by VITALWOLF.COM with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and VITALWOLF.COM with respect to the VITALWOLF.COM Site/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and VITALWOLF.COM and its sponsor(s) with respect to the VITALWOLF.COM Site/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

TRADEMARKS. VITALWOLF.COM, Spell_MD, UnitEqualizer, and other VITALWOLF.COM products and services which may be referenced herein may also be trademarks of VITALWOLF.COM in the United States. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred.

Any rights not expressly granted herein are reserved.

FOR INFORMATION REGARDING THE VITALWOLF.COM PRIVACY STATEMENT CLICK HERE.

ADDITIONAL TERMS:

VITALWOLF.COM PRODUCT PURCHASES

You are responsible for paying the entire amount due on your purchase of a VITALWOLF.COM product, including any applicable taxes, shipping and other charges assessed. With respect to applicable taxes, VITALWOLF.COM or a distributor of VITALWOLF.COM product(s) may advise you subsequently of the exact amount of tax due on your purchase.

You represent and warrant that you are at least 18 years of age and that you possess the legal right to use VITALWOLF.COM for product purchases in accordance with the stated terms and usage policies. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer to access purchase of any product offered at VITALWOLF.COM.

VITALWOLF.COM BILLING

Charges on your Billing Account

VITALWOLF.COM may bill you through a third-party for services and/or items obtained under this Agreement (the "Products"). You agree to pay all charges at the prices then in effect for any Products ordered by you or other persons (including your agents) using your chosen payment method (your “Payment Method”), and you authorize VITALWOLF.COM, the proprietor of VITALWOLF.COM, or LabVecotor.com’s third-party billing provider to charge your chosen payment method for such Products. You agree to make payment using that selected Payment Method. VITALWOLF.COM reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING IN ORDER TO RECEIVE THE PRODUCTS ORDERED.

Currency exchange settlements will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If VITALWOLF.COM or VITALWOLF.COM’s third-party biller does not receive payment from your Payment Method Provider, you agree to pay all amounts due upon demand.

Prices for all Products exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not such amounts are itemized on your Payment Method.

Refund Policies

Subject to applicable law, charges for products are non-refundable unless the product is returned to VITALWOLF.COM or otherwise properly disposed. Except as otherwise required by law, the costs of any returns if permitted will be at your expense.

General

You represent and warrant that: (1) you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract; (2) all information that you submit is true and accurate (including without limitation information relating to your Payment Method); and (3) you are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with your responsibilities and obligations as stated in this Agreement. If you are an agent of an entity user, you represent and warrant that you are duly authorized to legally bind the entity to all terms and conditions of this Agreement and that you have made the entity aware of them. You agree not to assign, transfer or sublicense any rights in your Billing. VITALWOLF.COM may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which you must have provided consent or engaged in conduct to obtain the applicable Products.

CONSUMER DISCLOSURES AND CONSENTS FOR ELECTRONIC INFORMATION

Disclosure to Receive All Information in Electronic Form

ALL INFORMATION THAT VITALWOLF.COM IS REQUIRED BY LAW TO SEND TO YOU REGARDING THE SERVICES AND OTHER ITEMS PROVIDED TO YOU UNDER THIS AGREEMENT, INCLUDING ANY BILLING AND PAYMENT INFORMATION (COLLECTIVELY REFERRED TO AS "REQUIRED INFORMATION"), AND ANY OTHER INFORMATION PROVIDED TO YOU FROM VITALWOLF.COM, WILL BE PROVIDED TO YOU IN ELECTRONIC FORM ONLY. VITALWOLF.COM WILL PROVIDE ALL REQUIRED INFORMATION TO YOU IN ELECTRONIC FORM EITHER: (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFY DURING YOUR PRODUCT ORDER, SERVICES OR OTHER ITEMS UNDER THIS AGREEMENT; (2) BY ACCESS TO A VITALWOLF.COM WEB SITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE; OR, (3) TO THE EXTENT PERMISSIBLE BY LAW, BY ACCESS TO A VITALWOLF.COM WEB SITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE.

Requesting Paper Copies

You may request a paper copy of any Required Information previously provided to you in electronic form by VITALWOLF.COM for a period of one hundred and twenty (120) calendar days from the date that VITALWOLF.COM first provided the Required Information to you; however, VITALWOLF.COM may charge a reasonable fee for providing such paper copies. You may request paper copies by contacting VITALWOLF.COM at contact@VITALWOLF.COM .

Hardware and Software Requirements

In order to receive Required Information electronically from VITALWOLF.COM, you must have an e-mail address and submit it to VITALWOLF.COM or VITALWOLF.COM’s third-party biller upon ordering any service or other item provided under this Agreement. Your computer also must have either Internet Explorer 5.x (or above) or Netscape Navigator 6.x (or above) and an e-mail software program capable of sending and receiving e-mail from VITALWOLF.COM via the Internet. Finally, your computer must be capable of receiving, accessing, displaying, and either printing or storing, Required Information received in electronic form from VITALWOLF.COM via a plain text-formatted e-mail or by access to a VITALWOLF.COM web site using one of the browsers specified above.

Changes to Hardware and Software Requirements

In the event that there are any changes to the hardware and software requirements listed above that are likely to have a significant impact on your ability to receive, access, display, store, and print Required Information that VITALWOLF.COM sends to you in electronic form, VITALWOLF.COM will notify you of these changes. In such case, you will be required to reconfirm your agreement to receive, and your ability to access, such Required Information in electronic form in order to avoid any disruption in the services or other items provided to you under this Agreement. You may, however, always choose to withdraw your consent to receive Required Information in electronic form by contacting VITALWOLF.COM at contact@VITALWOLF.COM without the imposition of any fees.

Consent to Receive All Information in Electronic Form

YOU AGREE THAT BY ACCEPTING THE TERMS IN THIS AGREEMENT, YOU CONSENT TO RECEIVE REQUIRED INFORMATION, AND ANY OTHER INFORMATION PROVIDED TO YOU FROM VITALWOLF.COM, SOLELY BY ELECTRONIC COMMUNICATION. YOU ALSO CONFIRM THAT YOUR COMPUTER SATISFIES THE HARDWARE AND SOFTWARE REQUIREMENTS STATED ABOVE FOR RECEIVING, ACCESSING, DISPLAYING, PRINTING, AND STORING COPIES OF SUCH REQUIRED INFORMATION, AND YOU CONFIRM THAT YOU HAVE PROVIDED VITALWOLF.COM A CURRENT E-MAIL ADDRESS FOR RECEIVING REQUIRED INFORMATION WHEN ORDERING A PRODUCT.