Terms & Conditions
This website, www.vitalpax.com (the “Site”), is owned and operated by Vitalpax, Inc. and is being made available to you free-of-charge. The terms “you”, “your”, and “yours” refer to anyone accessing, viewing, browsing, visiting, or using the Site. The terms “Vitalpax”, “we”, “us”, and “our” refer to Vitalpax, Inc. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. As such, you should check these Terms and Conditions periodically. Changes will not apply to any orders we have already accepted unless the law requires. If you violate any of the terms of these Terms and Conditions you will have your access canceled and you may be permanently banned from accessing, viewing, browsing, and using the Site. By accessing, viewing, browsing, or using the Site after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them.
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
Privacy
Please review our Privacy Policy, which also governs your visit to the Site. To the extent there is a conflict between the terms of the Privacy and Security Policy and these Terms and Conditions, these Terms and Conditions shall govern.
Copyright
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases, and/or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to “fair dealing” under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
Intellectual Property Infringement
We may rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, “Associates”) who supply some of the goods advertised on the Site and, in some cases, drop ship them directly to our customers. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you believe has been infringed;
• A description of where the material that you claim is infringing is located or identified on the Site;
• 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 or intellectual property owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to us in writing to Vitalpax, Inc., 98 South State Street, La Verkin, UT 84745.
Trademarks
Vitalpax and other marks which may or may not be designated on the Site by a ®, ™, ℠ or other similar designation, are registered, pending or unregistered trademarks or service marks of Vitalpax, Inc. in the United States and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Vitalpax, Inc. Our trademarks and trade dress may not be used in connection with any product or service that is not Vitalpax, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Vitalpax. All other trademarks not owned by us that may appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Vitalpax.
Site Access
You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Vitalpax without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.
Limitations
In no event shall Vitalpax, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Site, even if Vitalpax or a Vitalpax authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of Materials
The materials appearing on the Site could include technical, typographical, or photographic errors. Vitalpax, Inc. does not warrant that any of the materials on its website are accurate, complete or current. Vitalpax may make changes to the materials contained on its website at any time without notice. However Vitalpax does not make any commitment to update the materials.
Links
Vitalpax has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Vitalpax of the site. Use of any such linked website is at the user’s own risk.
Online Conduct
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an online chat or online review), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of Vitalpax, Inc., our users, and customers.
We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, the Site’s users, our customers, or any rights of Vitalpax, or any third party. Notwithstanding the foregoing, Vitalpax is unable to ensure prompt removal of questionable Content after online posting. Accordingly, Vitalpax assumes absolutely no liability for any action or inaction with respect to conduct, communication, or Content on the Site.
Social Media Policy
When you post or upload any content to any Vitalpax social media page, you agree that Vitalpax can use that content, including any names, voices, images and performances that content contains, for any purpose. By posting or uploading the content on a Vitalpax page, you grant Vitalpax a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licenseable and transferable worldwide license in any and all media to use, modify, and create derivative works based upon that content for any purpose, including advertising and promotion, without notice, attribution, or payment. You certify that you are the original author or creator of your content, and that you have the right to post it. You also certify that you have permission from anyone depicted in a photograph you post to agree to these terms, and that Vitalpax’s use of your content in accordance with this license will not violate or infringe upon anyone else’s rights. Vitalpax does not tolerate misleading/inaccurate content and/or content containing racial, ethnic, sexual, religious or physical disability slurs. Accordingly, we reserve the right to edit and/or delete such content.
Termination of Usage
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
Usage by Minors
This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing, viewing, browsing, visiting, or using the Site, we must rely on parents, guardians, and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By using the Site or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) and that any information you provide to us is not inaccurate, deceptive, or misleading.
Vitalpax, Inc. Disclaimer
Our products and any structure or function statements made have not been evaluated by the US Food and Drug Administration (FDA) or any international health organization and are not intended to diagnose, treat, cure, or prevent any condition, disorder, disease, or physical or mental conditions and should not be used as a substitute for a physician’s advice.
Changes to Our Privacy Policy
Vitalpax may modify or update these Terms and Conditions from time to time, so please review it periodically. We reserve the right to change these Terms and Conditions at any time and may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of the Service after any modification to these Terms and Conditions will constitute your acceptance of such modification. The amended Terms and Conditions will apply between us whether or not we have given you specific notice of any change. By using the Site, you agree to the terms of these Terms and Conditions and our Website Privacy Policy. If you do not agree to the terms of our Privacy Policy and our Website Terms and Conditions, please do not use the Services.