Terms of Service Agreement - Vibrent

Terms of Service Agreement

Terms Of Service Agreement

Last Updated: June 25, 2024

Welcome to the Vibrent Health Website (https://www.vibrenthealth.com/) (the “Website”). Please read and review these Terms of Service carefully before accessing or using this website. By accessing or using this site, you acknowledge that you have read, understood, and agreed to this Terms of Service Agreement (the “Terms”). These Terms, including the Privacy Policy, constitute a binding agreement between you and Vignet, Inc., a Delaware corporation d/b/a “Vibrent Health” and its affiliates and subsidiaries (collectively “Vibrent Health,” “we,” “us”).  If you do not agree to these Terms, you may not access or use this Website.

This Website provides general information and educational content. Your use of the information on this Website is subject to these Terms. By accessing and using this Website, you agree to these Terms without any limitations or qualifications.

Vibrent Health will use reasonable efforts to include accurate and up-to-date information on this Website but makes no warranties or representations of any kind as to its accuracy or completeness. You agree that access to and use of this Website and the content thereof is at your own risk. Vibrent Health and any party involved in the creation, production, or delivery of this Website shall not be liable for any damages, including direct, incidental, consequential, indirect, or punitive damages arising from your access to, use of, or inability to use this Website, or any errors or omissions in its content. This limitation also applies to any damages to your computer equipment caused by viruses or other harmful elements encountered while using this Website. To the fullest extent possible by law, Vibrent Health’s maximum liability arising out of or in connection with this Website or your use of this Website regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed $100. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in this section may not apply to you.

You agree to indemnify, defend, and hold harmless Vibrent Health, its officers, directors, employees, agents, suppliers, and third-party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.

Vibrent Health respects the privacy of its Website users. Please refer to Vibrent Health’s Privacy Policy that explains visitor’s rights and responsibilities with respect to information that is disclosed on this Website.

This Website may contain references or links to other Websites maintained by third parties. These third-party Websites are beyond the control of Vibrent Health. Vibrent Health makes no warranties or representations about the accuracy or completeness of the information found on these third-party Websites. Additionally, Vibrent Health does not endorse or recommend any third-party Websites or their content. Likewise, this Website may also be accessed through links provided on third-party Websites. Vibrent Health has no control over these third-party links and does not imply any relationship or endorsement by including them on this Website. If you choose to use any third-party site or platform, you do so at your own risk, subject to their own terms and policies, including their privacy policy. It is important to familiarize yourself with the terms of use and privacy policies of any third-party Websites or platforms before utilizing them.

The information provided on this Website is for general medical knowledge. It should not be used as a replacement for advice given by a qualified healthcare professional. It is important that patients do not self-diagnose or rely solely on the information provided here. Instead, patients should consult with a doctor or healthcare professional for accurate medical advice, diagnosis, and treatment information.

By using this Website and submitting any communication or material through electronic mail or other means, you acknowledge that unless explicitly stated otherwise in our Privacy Policy, such communication or material is non-confidential. Vibrent Health is not under any obligation to treat such information as confidential and may freely use any ideas, concepts, know-how, or techniques contained in your communication for any purpose, including but not limited to the development, manufacturing, and marketing of products.

The product names on this Website, with or without trademark symbols, are trademarks of Vibrent Health, its affiliates, related companies, or licensors, unless stated otherwise. It is strictly prohibited to use or misuse these trademarks or any other materials without authorization, unless permitted by these Terms. Doing so may violate copyright law, trademark law, slander and libel laws, privacy and publicity laws, and communications regulations.

The content of this Website is protected by copyright and owned by Vibrent Health. You may only copy the contents of Vibrent Health Websites for personal, noncommercial use, keeping all copyright notices intact. However, you may not further copy, reproduce, or distribute the information, text, or documents of this Website in any electronic or physical form without the express written permission of Vibrent Health. This includes creating derivative works based on the content. Any use of automated means (including but not limited to robots, spiders, scripts, service, software or any manual or automatic device, or tool which are designed to data mine) to collect or access the content of this Website is strictly prohibited, except for indexing purposes by public search engines. This does not grant you any license or right under any patent or trademark owned by Vibrent Health or any third party.

The content of this Website is protected by copyright and owned by Vibrent Health. You may only copy the contents of Vibrent Health Websites for personal, noncommercial use, keeping all copyright notices intact. However, you may not further copy, reproduce, or distribute the information, text, or documents of this Website in any electronic or physical form without the express written permission of Vibrent Health. This includes creating derivative works based on the content. Any use of automated means (including but not limited to robots, spiders, scripts, service, software or any manual or automatic device, or tool which are designed to data mine) to collect or access the content of this Website is strictly prohibited, except for indexing purposes by public search engines. This does not grant you any license or right under any patent or trademark owned by Vibrent Health or any third party.

In the event that any part of these Terms is found to be illegal, invalid, or unenforceable, it will be removed without affecting the validity of the remaining provisions.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms. Your continued use of this Website after a change to these Terms constitutes your binding acceptance of the updated Terms. Additionally, Vibrent Health has the authority to modify or remove content from this Website at its own discretion, without any obligations.

a. You and Vibrent Health agree to resolve any disputes through binding arbitration conducted by the American Arbitration Association. The arbitration will take place in Fairfax County, Virginia, unless the relief sought is $10,000 or less, in which case it may be conducted by telephone or based solely on written submissions. The arbitrator’s decisions are enforceable in U.S. courts. All arbitration proceedings and decisions will be confidential. If you wish to opt out of arbitration, you must mail a signed written notice within thirty (30) days of accepting these Terms to Vibrent Health. The notice must include your name, address, phone number, and the username and password to which it applies. Additionally, you covenant and agree to refrain from filing any action against Vibrent Health in any court or joining any action against Vibrent Health before any court as a representative or class member.

b. If these Terms regarding arbitration do not apply to a particular claim or dispute, you agree that such claim or dispute must be resolved exclusively by a state or federal court located in the Commonwealth of Virginia.  You expressly agree to submit to the personal jurisdiction of the courts located within the Commonwealth of Virginia for the purpose of litigating any such claims or disputes.

c. Any claim or dispute you have or may have with Vibrent Health, or any of our affiliates, must be made within one (1) year from the date it arises, and you expressly agree to refrain from asserting any such claim or dispute at any time after this one-year period.

d. We are not responsible for any disputes or disagreements between you and any third party with whom you interact using this Website. You assume all risks associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Vibrent Health of all claims, demands, and damages in disputes among users of this Website. You also agree not to involve us in such disputes.

You also acknowledge and understand that with respect to any dispute with Vibrent Health arising out of or relating to your use of this Website or these Terms:

a. You are giving up your right to have a trial by jury,

b. You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute with Vibrent Health, and

c. You must file any claim within one (1) year after such claim arose or it is forever barred.

This Website is operated by Vibrent Health. You may contact us at support@vibrenthealth.com.