Vitalstracker.com Terms and Conditions
Please read this agreement carefully before using vitalstracker.com. The following terms constitute an agreement between you and Vitalstracker.com, the operator of the Site ("we" or "us"). This agreement ("Terms of Service") governs your use of the Site, both as a casual visitor and as a member.
By subscribing to vitalstracker.com, you agree to be bound by the terms and conditions below. If you do not comply with this agreement, we reserve the right to terminate your subscription. If you are just visiting the site and do not agree with the terms and conditions, please do not use this site. BY USING THE SERVICE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our Privacy Policy, and that you consent to resolve in Ohio any dispute that you may have with us, our suppliers, or the Site. Please note that we offer the Site "AS IS" and without warranties.
Vitalstracker.com may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to apprise yourself of such modifications and your continued access or use of the site shall be deemed your acceptance of the modified agreement.
1. General Disclaimer
The information and tools provided by Vitalstracker.com are strictly for informational purpose and in no way constitute or is meant to substitute for medical advice. Similarly, the information and tools in this website are not meant to take the place of face-face medical consultation. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
You must be 18 years of age or over to use the tracker.
2. Health Disclaimer
We do not monitor the information you track and as such cannot alert you to any abnormal levels you store here. Always consult a medical professional before making major changes to your lifestyle or if you have any questions related to your health. While the utmost care is taken to make sure the information presented in vitalstracker.com is correct, errors can occur. Your access or use of this Site and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our suppliers. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Site. If you rely on any of the information provided by this Site, its employees, or its guests or visitors, you do so solely at your own risk.
3. Subscription Fees
Subscriptions are automatically renewed annually, and it is your responsibility to cancel your subscription before the next payment date if you so desire. You will be sent a reminder email seven days prior to billing. You may cancel your subscription at any time by contacting support@vitalstracker.com.
4. Refund Policy
If you cancel your subscription, your subscription fees will be prorated by month and you will be refunded the unused months. For example, if you cancel on March 15th, you will be considered as paying through the end of March and you will be refunded April to December's fees. All refunds will be issued via the payment method used.
5. Username/Password
When you subscribe to the site you will be asked some basic personal information and asked to pick a username and password. Please refer to our Privacy Policy as to how we use this information we collect. You agree that your username and password is to be used for a) your personal, non-commercial use, b) is non-transferable, and c) and not to be shared with others. You may not use a screen name that is vulgar, attempts to impersonate another person, or violates the rights of others. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen.
6. Change in Services
We may from time to time add new Services, substitute a new Service for an existing Service, or discontinue an existing Service. Information about new Services will be included on the Site, and the use of new Services will be governed by these Terms of Service.
7. Loss of Data
While Vitalstracker.com will do its best to keep back-ups of databases, it cannot be held responsible for any loss of data that incurs due to computer difficulties, especially as the result of a third party host.
8. Maintenance
You understand that on rare occasions, the service may be down for maintenance or unforeseen circumstances with or without an email warning. We will make effort to get the site up and running as quickly as possible.
9. Links to other websites
The Site may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.
10. Your Use of Content
All of the Content available on or through the Services and/or the Site is owned by us, our suppliers, and our contributors, and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information. We give you permission to use the Content for personal, non-commercial purposes only, including the right to paste them on a personal webpage. You may also print, download, and store articles and other information for your own convenience, but you may not distribute, republish, sell, mine, exploit, frame or scrape any of the Content, or exploit the Content for commercial gain. Visit our Copyright Permission Page for information on how you can request limited permission to reproduce certain Content from the Site.
11. Linking to this Website
You generally do not need to obtain permission from Vitalstracker.com to put a text link on your site that links back to the vitalstracker.com website. We reserve the right, however, to revoke permission to the link at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with us specifying how you may link to the site, use the following guidelines for adding one or more links to the Site from your website:
- The link must be a text-only link that clearly includes the phrases "Vitalstracker.com
- The link must "point" to a page on www.vitalstracker.com
- If the link points to any page on the Site other than the home page, the text link must also include the title of the target landing page.
- The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Vitalstracker.com's good name and trademarks
- The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by Vitalstracker.com
- The link, when activated by a user, must display the Site full-screen and not within a "frame" on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows
- The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious
12. We Make No Warrants
WE PROVIDE THE SITE AND THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE AND OUR SUPPLIERS ALSO DO NOT GUARANTEE THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. NO ORAL OR WRITTEN INFORMATION GIVEN BY A Vitalstracker.com REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Site and the Services at your own risk.
13. Procedures for Making Claims of Copyright Infringement
We respect the intellectual property of others, and we ask our suppliers and those posting to this Site to do the same. If you believe that your copyrighted work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
1.The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
3. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
4. Identification of the URL or other specific location on this Site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
5. Your name, address, telephone number, and email address so that we may contact you.
6. 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.
7. 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 are authorized to act on the copyright owner's behalf.
This information can be sent to customerservice@vitalstracker.com
13. Indemnification
You agree to indemnify, defend, and hold harmless vitalstracker.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to vitalstracker.com from and against any losses, expenses, damages, and costs, including reasonable attorney's fees, from any violation of this Agreement(including negligent or wrongful conduct) by you or any other person accessing vitalstracker.com.
Notwithstanding the above paragraph, the total liability of vitalstracker.com and its officers, directors, employees, agents, licensors, suppliers and any third party information providers, if any, for losses and damages shall not exceed the fees paid by you for the service provided.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Vitalstracker.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Vitalstracker.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Vitalstracker.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
14. Limitations of Liability
IN NO EVENT WILL Vitalstracker.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Vitalstracker.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Vitalstracker. Com. LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Any rights not expressly guaranteed herein are reserved.