Introduction
This website is the property of Vitalant. By visiting this
website and accessing the information, resources, services,
products and tools we provide, you understand and agree to
accept and comply with the following terms and conditions
(hereafter referred to as “Terms of Use”), along
with our Privacy Policy, which is available at
www.vitalant.org/privacy-policy. The Terms of Use apply to all of the websites (each, a
“website”) operated by Vitalant or its
authorized agents.
We reserve the right to change these Terms of Use at any
time without prior notice. If we change the Terms of Use or
the Privacy Policy, we will post the new Terms of Use and
update the modification date below. We may also show on the
website that the Terms of Use or Privacy Policy has been
updated, but we are not required to provide notice. You
acknowledge and agree that it is your responsibility to
review these Terms of Use periodically to see any
modifications. Your continued use of a website constitutes
acknowledgment and agreement to be bound by the modified
Terms of Use and Privacy Policy.
This policy was last modified on September 21, 2018.
Responsible Use and Conduct
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The website is not intended for use by children under 13
years old. Any child under 13 years old must have his or
her parent's permission to use the Websites.
Registered users of the website who are California
residents under 18 years of age may request that
information posted by the user on the website be removed
by contacting us at:
Privacy Policy
Vitalant National Office
9305 E. Via De Ventura
Scottsdale, AZ 85258
(480) 675-5504
PrivacyOfficer@vitalant.org
However, complete or comprehensive removal of posted
material may not be possible.
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You agree to use the information, resources, services,
products and tools that are available through the
website (the “Resources”) only as permitted
by (a) these Terms of Use and (b) applicable laws,
regulations and generally accepted online practices or
guidelines.
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You may be required to provide certain information about
yourself to use the website, including as part of the
registration process, reward store ordering process or
to use certain Resources. You agree that any information
you provide will be accurate, correct and up-to-date.
Use of pseudonyms (false names), false phone numbers,
false mail addresses or false email addresses is not
permitted. We may also collect information, such as
information about the IP address of the computer you are
using, and we may use cookies. More information is
available in the Privacy Policy, which is available at
www.vitalant.org/privacy-policy. You are responsible for maintaining the
confidentiality of your login information. You are
responsible for all activities that occur using your
user name or password, or otherwise occurring under your
account(s). Use of another person’s login
credentials is prohibited.
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Accessing or attempting to access any of our Resources
by any means other than through the means we provide is
strictly prohibited. Use of web or screen scraping,
robots, or other automated means of accessing,
categorizing, or collecting Resources, other than
standard use of web-based search engines, is
specifically prohibited.
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Engaging in any activity that disrupts or interferes
with our Resources, including the servers and/or
networks to which our Resources are located or
connected, is strictly prohibited and may subject you to
civil or criminal liability.
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The Resources are valuable proprietary property of
Vitalant. Attempting to copy, duplicate, reproduce,
sell, trade or resell the Resources is strictly
prohibited.
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You are solely responsible for any consequences, losses
or damages that directly or indirectly result or occur
due to any unauthorized activities or omissions that can
be attributed to you including any criminal or civil
liability.
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We may provide various open communication tools on our
website, such as blog comments, blog posts, public chat,
forums, message boards, newsgroups, wikis, product
ratings and reviews or various social media
interactions, among others. You understand that
generally we do not pre-screen or monitor the content
posted by users of these various communication tools. If
you choose to access and use these tools, it is your
personal responsibility to use these tools in a
responsible and ethical manner. You agree that you will
not upload, post, share or otherwise distribute any
content that:
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Is illegal, threatening, defamatory, abusive, harassing,
degrading, intimidating, fraudulent, deceptive,
invasive, racist, or contains any type of suggestive,
inappropriate or explicit language;
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Infringes on any trademark, patent, trade secret,
copyright or other proprietary right of any party;
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Contains any type of unauthorized or unsolicited
advertising; or,
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Impersonates any person or entity, including any
Vitalant employees, affiliates or representatives.
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We have the right at our sole discretion to remove any
content that we feel does not comply with these Terms of
Use, or that we feel is otherwise offensive, harmful,
objectionable, inaccurate or violates any third-party
intellectual property. We are not responsible for any
delay or failure in removing such content. If you post
content that we choose to remove, you hereby consent to
such removal and waive any claim against us. We are not
required to return any removed content to you.
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We do not assume any liability for any content posted by
you or any other third-party users of our websites.
However, any content posted by you using any open
communication tools on our websites becomes the property
of Vitalant and as such, gives us a perpetual,
irrevocable, worldwide, royalty-free, exclusive license
to reproduce, modify, adapt, translate, publish,
publicly display and/or distribute as we see fit. This
only refers and applies to content posted via open
communication tools as described, and does not refer to
information that is provided as part of the registration
process, or is necessary in order to use our Resources.
All information provided as part of our registration
process is covered by our Privacy Policy. Further,
Vitalant does not claim any proprietary rights in
materials owned by third parties.
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You agree to defend, indemnify and hold harmless
Vitalant and its affiliates, and their respective
directors, officers, managers, employees, donors, agents
and licensors from and against all losses, expenses,
liabilities, damages and costs, including reasonable
attorneys’ fees, resulting from any violation of
these Terms of Use or the failure to fulfill any
obligations relating to your account or incurred by you
or any other person using your account or login
credentials. We reserve the right to take over the
exclusive defense of any claim for which we are entitled
to indemnification under these Terms of Use. In such
event, you shall provide us with such cooperation as is
reasonably requested by us.
Privacy
Your privacy is very important to us, which is why
we’ve created a separate Privacy Policy. The Privacy
Policy explains in detail how we collect, manage, process,
secure and store your private information. Our Privacy
Policy is available at
www.vitalant.org/privacy-policy
and is included by reference within these Terms of Use.
Limitation of Warranties
By using the website, you understand and agree that all
Resources we provide are “as is” and “as
available.” This means that we do not represent or
warrant to you that:
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The use of our Resources will meet your needs or
requirements.
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The use of our Resources will be uninterrupted, timely,
secure or free from errors.
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The information obtained by using our Resources will be
accurate or reliable.
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Any defects in the operation or functionality of any
Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
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Any content downloaded or otherwise obtained through the
use of the Resources is done at your own discretion and
risk, and that you are solely responsible for any damage
to your computer or other devices for any damage,
including (but not limited to) loss of data that may
result from the download of such content.
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No information or advice, whether express, implied, oral
or written, obtained by you from any Vitalant website or
through any Resource shall create any warranty,
guarantee or conditions of any kind.
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Vitalant does not practice medicine. Any medical
questions should be addressed to your healthcare
professional.
Limitation of Liability
ALONG WITH THE LIMITATION OF WARRANTIES AS EXPLAINED ABOVE,
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY CLAIM AGAINST
VITALANT AND ITS RELATED AND AFFILIATED ENTITIES IS LIMITED
TO THE AMOUNT YOU PAID, IF ANY, TO ACCESS THE WEBSITE OR
RESOURCE IN QUESTION, OR FOR USE OF PRODUCTS AND/OR SERVICES
DIRECTLY RELATED TO THE LOSS OR INJURY. VITALANT WILL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL
OR EXEMPLARY LOSS OR DAMAGES WHICH MAY BE INCURRED BY YOU OR
ANY OTHER PERSON AS A RESULT OF USING THE RESOURCES, OR AS A
RESULT OF ANY CHANGES, DAMAGE, DATA LOSS OR CORRUPTION,
CANCELLATION, LOSS OF ACCESS OR DOWNTIME. THIS LIMITATION OF
LIABILITY WILL APPLY TO THE FULL EXTENT PERMITTED BY LAW.
Copyrights and Trademarks
All content and materials available on Vitalant websites,
including but not limited to published texts, documents,
graphics, website names, code, images and logos are the
intellectual property of Vitalant and are protected by
applicable copyright and trademark law. Any unauthorized
use, including but not limited to the reproduction,
distribution, display or transmission of any content on the
websites is strictly prohibited, unless specifically
authorized in writing by Vitalant, its affiliates or
authorized agents.
Termination of Use
You agree that we may, at our sole discretion, suspend or
terminate your access to all or part of our websites and
Resources with or without notice and for any reason,
including, without limitation, breach of these Terms of Use.
Any suspected illegal, fraudulent or abusive activity may be
grounds for terminating your relationship and may be
referred to appropriate law enforcement authorities. Upon
suspension or termination, your right to use the Resources
will immediately cease. We further reserve the right to
remove or delete any information that you may have on file
with us, including any account or login information.
Governing Law
This website is controlled from our corporate offices
located in the state of Arizona, U.S.A. It can be accessed
from most countries around the world. By accessing our
websites, you agree that the statutes and laws of the state
of Arizona, without regard to the conflict of laws and the
United Nations Convention on the International Sales of
Goods, will apply to all matters relating to the use of
these websites and the purchase of any products or services
through these sites. You acknowledge that the privacy laws
of the State of Arizona and the United States may differ
from the privacy laws of your location, and you expressly
agree to the application of the privacy laws of the State of
Arizona and the United States, including laws regarding the
use of cookies.
Any action to enforce these Terms of Use shall be brought in
the federal or state courts located in the State of Arizona,
United States. You hereby agree to personal jurisdiction by
such courts and waive any jurisdictional, venue or
inconvenient forum objections to such courts.
Disclaimer
VITALANT EXPRESSLY DISCLAIMS ALL GUARANTEES, WARRANTIES AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
Contacting Us
If there are any questions regarding these our Terms of
Service as outlined above, you may contact us at the
following address:
Privacy Policy
Vitalant National Office
9305 E. Via De Ventura
Scottsdale, AZ 85258
(480) 675-5504
PrivacyOfficer@vitalant.org