If you do not agree to the terms and conditions of this Agreement, you may not access, view, obtain information, goods or services from, or otherwise use this Website.
By continuing to use this Website, you are maintaining that you have the authorization necessary to enter into this Agreement and that your use of this Website and any of the content or services it provides does not and will not violate any applicable laws.
Vita Optimus reserves the right to modify this Agreement at any time without giving you prior notice. Changes to this Agreement take effect when posted to the Website. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.
Vita Optimus charges for GuardPHI™ on monthly basis. You may cancel your GuardPHI™ services at any time and without a reason with a 15-day advance written notice to [email protected]. If you cancel GuardPHI™, you will have until the end of the billing period in which the cancellation took place to download your data. Your account will be disabled at the end of such billing period and your data removed from our servers. Vita Optimus does not issue prorated refunds for partially used services.
THIS WEBSITE, INCLUDING ALL WEBSITE CONTENT, IS PROVIDED BY VITA OPTIMUS "AS IS." VITA OPTIMUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, GOODS, PRODUCTS, OR SERVICES INCLUDED ON THIS WEBSITE, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW.
VITA OPTIMUS AND ITS AFFILIATES, AGENTS AND LICENSORS MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CURRENTNESS, NONINFRINGEMENT, ADEQUACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION, GOODS, PRODUCTS, SERVICES, DATA, FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS CONTAINED, OFFERRED, OR ADVERTISED IN THIS WEBSITE.
REFERENCE TO ANY PROVIDER, PRODUCT, PROCESS, PUBLICATION OR SERVICE OF ANY THIRD PARTY BY NAME, TRADE NAME, TRADEMARK, MANUFACTURER, OR OTHERWISE DOES NOT NECESSARILY CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY VITA OPTIMUS. USERS ARE RESPONSIBLE FOR SEEKING THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE INFORMATION, OPINIONS, ADVICE OR CONTENT AVAILABLE AT THIS WEBSITE.
IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, OUTAGES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE.
NEITHER VITA OPTIMUS NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES OR DIRECTORS WILL BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR ANY GOODS OR SERVICES ADVERTISED ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES OR LOST PROFITS THAT ARE BASED ON OR COME AS A RESULT OF THIS WEBSITE, THIS AGREEMENT, ANY RELATIONSHIP OR TRANSACTION BETWEEN ANY WEBSITE USER AND ADVERTISED PROVIDER, OR GENERAL USE OF THIS WEBSITE, EVEN IF VITA OPTIMUS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS AND EXCLUSIONS WILL CONTINUE TO APPLY REGARDLESS OF THE TYPE OF DAMAGES INCURRED, WHICH INCLUDE BUT ARE NOT LIMITED TO BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION TO THE MAXIMUM EXTENT ALLOWABLE BY LAW IN AREAS WHERE SUCH LIMITATIONS ARE NOT PROHIBITED BY LAW, AND IN NO EVENT SHALL EXCEED $100.00.
SOME AREAS AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF WARRANTIES OR LIMITATON OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU FOR THIS REASON.
VITA OPTIMUS IS NOT RESPONSIBLE FOR ANY RESULTING DAMAGE TO ANY USER'S COMPUTER FROM ANY SECURITY BREACH, OR FROM ANY VIRUS, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE FAILURE OR ANY OTHER TECHNICAL MALFUNCTION.
VITA OPTIMUS IS NOT LIABLE FOR THE CONTENT OR PERFORMANCE OF ANY PORTION OF OTHER WEBSITES TO WHICH THIS WEBSITE MAY BE LINKED OR FROM WHICH THIS WEBSITE MAY BE ACCESSED. USERS ARE REQUESTED TO INFORM VITA OPTIMUS OF ANY ERRORS OR INAPPROPRIATE MATERIAL FOUND ON WEBSITES TO WHICH THIS WEBSITE IS OR MAY BE LINKED. THE INCLUSION OF ANY LINK TO ANY WEBSITE DOES NOT IMPLY APPROVAL OF OR ENDORSEMENT BY VITA OPTIMUS OF SUCH WEBSITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT MAY PROVIDE.
VITA OPTIMUS RESERVES THE RIGHT TO ALTER, SUSPEND OR DISCONTINUE THE WEBSITE AT ANY TIME FOR ANY REASON WITHOUT NOTICE OR CAUSE. THE WEBSITE MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT.
You agree that you will defend, indemnify and hold Vita Optimus harmless against and from any and all costs or liabilities that you incur in connection with any claim that results from your use or attempted use of this Website. Vita Optimus will also be indemnified and held harmless from claims that result from your failure to act, or any breach of this Agreement made by you. You agree that you will cooperate in the defense of any claim to the fullest extent that is required. Vita Optimus may, at our own expense, assume exclusive defense and control of any matter that may otherwise be subject to your indemnification. You may not settle any event or matter without written consent from Vita Optimus.
This Website, including all Website Content, is the property of Vita Optimus or its third party licensors and is protected from unauthorized copying and dissemination by worldwide copyright, patient, trademark, databases and other intellectual property rights laws and treaty provisions whether or not a copyright notice is present. You agree to comply with all intellectual property rights laws during your use of this Website and to prevent any unauthorized copying of the Website Content.
No right, title or interest in any Website Content is transferred to you, whether as a result of downloading such Content or otherwise. Vita Optimus reserves complete title and full intellectual property rights in the Website and all Website Content.
The trademarks, logos, and service marks displayed on the Website, are registered trademarks of Vita Optimus, Providers represented on this Website, or of other third parties. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise any license or right to use any trademark or copyrightable material displayed on the Website without the written permission of Vita Optimus or such third party that may own the trademarks or copyrightable material displayed on the Website.
Vita Optimus provides you with permission to use this Website strictly for personal, non-commercial purposes in order to obtain information regarding the featured Providers and their services. Vita Optimus expressly prohibits any other use of this Website. Anytime you use this Website, you agree that you will not:
- Provide any false or inaccurate information;
- Misrepresent your affiliation with any person or agency or impersonate another person or agency;
- Provide information that you are not legally allowed to disclose;
- Infringe upon the copyright, trademark, patent, publicity, privacy or other proprietary rights of Vita Optimus or any third party;
- Transmit, distribute, republish, display, post, upload, reproduce or copy any of the information contained within this Website either in whole or in part;
- Reproduce this Website in whole or in part on your own website, including using a border or frame environment around the site or using any other framing or mirroring technique to enclose or replicate any part of this Website;
- Translate this Website in whole or in part into any other language, including computer language, or create derivative works from any part of this Website;
- Offer to sell or sell, license or transfer any part of this Website to any third party;
- Use automatic or manual processes like robots and spiders to copy, monitor, or keep a database copy of any part of this Website;
- Use this Website for any purpose other than that for which it is intended, or for any purpose other than gathering information regarding the subject matter;
- Use this Website or access it in such a way that affects the functionality of the Website or any of the other computers and networks connected to this Website;
- Upload or transmit any device or software that contains viruses, Trojan horses, time bombs, worms or any other routines to this Website or in connection with the Website that may damage or interfere with the normal operation of this Website;
- Attempt to disguise or alter the origin of any inquiry or information that is transmitted through this Website; or
- Use this Website in any manner that violates federal and state laws, including but not limited to laws that regulate the use of telephone solicitations, fax transmissions and commercial email.
Please email us whenever you become aware of or experience any activities or communications that appear to violate the above terms.
Vita Optimus makes no representation that the Website Content is appropriate for use in your state. If you choose to access this Website, you do so on your own initiative and are responsible for compliance with any local, state and federal laws.
You understand and agree that the use of this Website shall be governed by Delaware law, without regard to principals of conflict of laws, and jurisdiction. You also agree that any cause of action that arises from your use of or attempted use of this Website or any of the services made available by this Website that are pursuant to this Agreement will be filed in a suitable state or federal local court. You agree that you will not sue Vita Optimus or bring a motion against Vita Optimus in any other form, regardless of the cause of action. You also understand and agree that any legal dispute that is between you and Vita Optimus will be governed by local laws without any regard for conflict of law and regardless of your location at the time the access or attempted access to this Website occurred or your current location. If any part of this Agreement conflicts with applicable law, this Agreement shall be deemed modified to conform to the law, without affecting the remaining portions of the Agreement.
For any questions please e-mail: [email protected]