At any time and in Vytalogy’ sole discretion, we may add, delete, or modify the Agreement. We will use commercially reasonable efforts to publish any revised portion of the Agreement, for example, by publishing the latest version of these terms and conditions at this URL. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing and using the Website. All changes to the Agreement shall be effective immediately.
Access to and use of our Website are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation this provision.
By accessing and using the Website, you acknowledge and agree that Vytalogy controls and operates all parts of the Website from its offices in the United States of America and that the Website, and the information contained on the Website, is intended for use by End Users located in the United States of America. Other countries may have laws, regulatory requirements and medical practices that differ from those in the United State of America. Unless expressly stated to the contrary, Vytalogy makes no representation that the Website, or the information contained on the Website, is appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all material and content found on or accessible through the Website is solely directed to individuals, companies, or other entities located in the United States of America. Vytalogy reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the Website is void where prohibited. If you access or use the Website from outside the United States of America, you are entirely responsible for compliance with applicable local laws and other applicable laws. You may not use any portion of the Website in violation of applicable export laws and regulations.
Any action related to the Agreement will be governed by the laws of the California, without regard to the choice or conflicts of law provisions of any jurisdiction. You and Vytalogy agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to our Website or the Agreement will be exclusively in the federal or state courts of California.
Vytalogy intends to resolve any and all disputes that may arise between it and its End Users in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. Toward this end, you agree to the following dispute resolution procedure. If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to Vytalogy in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief. Vytalogy shall respond within ten (10) business days with identical information from its perspective. You and a representative of Vytalogy shall meet or communicate electronically within ten (10) business days of the delivery of the response, and as often as you and Vytalogy mutually deem necessary or desirable thereafter, in an attempt to resolve the matter. If, within sixty (60) days of the first communication, you and Vytalogy fail to resolve the matter, you and Vytalogy shall seek to mediate the dispute with a neutral third party. Neither party shall seek further legal action unless such mediation fails to achieve a resolution acceptable to both parties. You agree that you will not bring or be a party to any class-action lawsuit against Vytalogy.
In operating our Website, Vytalogy does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website, our mail and e-mail addresses, or in any other way. Any information or material submitted or sent to Vytalogy (including, but not limited to, comments, questions, feedback, data, suggestions, ideas and the like) will be deemed to be not confidential or secret. By submitting or sending information or other material to Vytalogy, you represent and warrant that the information is original to you and that no other party has any rights to the material.
By communicating with Vytalogy, including submitting or sending content to us, you grant Vytalogy the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating the content, in whole or in part, into a Vytalogy feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any content or part thereof, or other communication to Vytalogy. You also warrant that any “moral rights” in such content is waived.
The content and information provided is for informational purposes only. The statements on the Website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease. The content and information provided is not a substitute for medical advice, diagnosis or treatment, nor does it intend to be. Nothing contained on the Website is a substitute for medical advice, intended to be a medical diagnosis or treatment plan. Prior to using any new medication, supplements or treatments, you should discuss any medications or nutritional supplements you are using or considering using with a healthcare provider. Consult with your physician or other healthcare provider if you have health-related questions before relying on any information you obtain through our Website. You should never use the information you obtain on the Website for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.
If any part of the 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. No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.
No action arising out of this Agreement or your access to or use of our Website, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.
If Vytalogy does take any legal action against you as a result of your violation of the Agreement, Vytalogy will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Vytalogy. You agree that Vytalogy will not be liable to you or to any third party for termination of your access to, or use of, any of our Website as a result of any violation of the Agreement or for any reason at all.You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by Vytalogy. Any purported assignment lacking such consent will be void at its inception. Vytalogy may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on our Website.
Effective Date: 7 January 2022