Terms and Conditions
Our Terms and Conditions were last updated on 10 August 2019.
Table of contents
- Intention and Acceptance
- Eligibility for Use of Digital Properties and Vitalyon Services
- Access to the Digital Properties and Vitalyon Services
- Vitalyon’s Proprietary Rights
- Registration and Accounts
- Our Communication with You
- Purchases through the Vitalyon Services
- Disclaimer of Warranties
- Content Rights and Ownership
- Member Conduct, General Prohibitions, and Acceptable Usage
- Trademarks and Trade Names
- Errors, Corrections, and Changes
- Third-Party Content and Links
- Linking to our Website and Digital Properties
- Internet Service Provider Charges and Other Charges
- Mobile Services
- No Professional or Medical Advice; No Doctor-Patient Relationship
- Assumption of Risk and Disclaimer
- Limitation of Liability
- Governing Law
- General Provisions
Thank you for selecting Vitalyon LLC (“Vitalyon” “us” “we” or “our”) to assist you in achieving your health, fitness, performance, and overall wellness-related goals. Vitalyon is proud to provide customized training programs, training recovery services, nutritional education, and related services (collectively, the “Vitalyon Services” or “Services”) to individuals (“Member” “Members” “you” or “your”) both online (“Digital Properties”) and in our facilities (“Facilities”).
By accessing, registering for, browsing, clicking a box to signify your consent, contributing content to, or otherwise using the Vitalyon Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. Vitalyon may, at its sole discretion, revise these Terms from time to time, with the revised terms taking effect on the date of posting. Your continued use of the Digital Properties or Vitalyon Services after the posting of such revisions constitutes your acceptance of the revised version of these Terms. You should review these Terms on a regular basis, as they are a legally binding agreement between you and Vitalyon.
Intention and Acceptance
Read all of these terms before accessing or using the Digital Properties or Vitalyon Services. If you do not intend to accept these terms or enter into a legally binding agreement with Vitalyon, you may not use any of the Digital Properties or Vitalyon Services.
Eligibility for Use of the Digital Properties and Vitalyon Services
The Digital Properties and Vitalyon Services are intended solely for Members who are 14 years of age or older. Any registration by, use of, or access to the Digital Properties or Vitalyon Services by anyone under 14 years of age is unauthorized, unlicensed, prohibited, and in violation of these Terms. Minors between the ages of 14 and 18 may register to use the Digital Properties or Vitalyon Services only with the involvement of a parent or guardian. By using the Digital Properties or Vitalyon Services, you represent and warrant that you are 14 years of age or older and that you agree to abide by all of the terms and conditions presented herein.
Access to the Digital Properties and Vitalyon Services
You may use the Digital Properties or Vitalyon Services when they are available. You understand that certain features may be unavailable from time to time, or the experience may not be the same for every user at all times. Vitalyon does not guarantee the availability of any aspect of the Vitalyon Services or any particular feature. We reserve the right to change, remove, delete, restrict, block access to, or stop providing all or any part of the Digital Properties or Vitalyon Services (including reducing available storage capacity, if any, and removing any of the content contained in the Digital Properties or Vitalyon Services) at any time without notice.
Vitalyon’s Proprietary Rights
You acknowledge and agree that the Digital Properties and Vitalyon Services and any necessary software (“Software”) used in connection with the Digital Properties or Vitalyon Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or as authorized by Vitalyon or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, or create derivative works based on the Digital Properties, Vitalyon Services, or the Software, in whole or in part.
Subject to your compliance with these Terms, Vitalyon grants you a personal, non-transferable and non-exclusive right and license to access and use the Digital Properties and Vitalyon Services provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software including, without limitation, to obtain unauthorized access to the Digital Properties or Vitalyon Services. You agree not to access the Digital Properties or Vitalyon Services by any means other than through the interface that is provided by Vitalyon.
Registration and Accounts
Some portions of the Digital Properties or Vitalyon Services may permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain, and update true, accurate, current, and complete information about yourself as prompted by our registration processes (the “Registration Data”). You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including, without limitation, using another person’s username, password, or other account information, or another person’s name, likeness, voice, image, or photograph. You also agree to promptly notify us at email@example.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Digital Properties or Vitalyon Services.
You understand and acknowledge that we may suspend or terminate your account and your ability to use the Digital Properties or Vitalyon Services, or any portion thereof, for failure to comply with these Terms, or for any reason whatsoever.
Our Communication with You
By accessing the Digital Properties, Vitalyon Services, or Content, you consent to receive communications from us regarding the use of the Digital Properties, Vitalyon Services, and Content and authorize us to send you other communications, newsletters, or offers regarding third-party products and services. If you do not opt-in to receive our communications, the remainder of these Terms will continue to apply to you and your use of the Digital Properties and Vitalyon Services.
Purchases through the Vitalyon Services
Certain features or functionality of the Digital Properties or Vitalyon Services may allow you to purchase products or services. You agree to pay for all products and services provided through the Digital Properties or Vitalyon Services that are ordered through your account or ordered as a guest (if that option is made available to you).
You authorize Vitalyon to charge your credit card (or other payment instrument) for any products or services purchased and for any additional amounts (including, without limitation, any applicable taxes, late fees, and associated bank or financial institution fees) that may be accrued by or in connection with your account or a purchase transaction.
You are responsible for the timely payment of all fees and for providing Vitalyon with a valid credit card or form of payment. All fees will be billed to the credit card you designate during the registration or payment process. If you wish to designate a different credit card or form of payment, then you are solely responsible for changing such information online in your account setting, or at the time of a transaction.
You acknowledge that your electronic submissions constitute an agreement and an intent to be bound by and pay for such transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into via the Digital Properties or Vitalyon Services, including notices of cancellation, policies, contracts, and applications. It is your sole responsibility to review and understand all policies, content, and agreements associated with the use of the Digital Properties or Vitalyon Services or any services or products Vitalyon may offer or supply.
Disclaimer of Warranties
The Vitalyon Services are provided: [i] with all faults as-is and as-available; and [ii] without any assurance, or warrant, condition or duty of or regarding: functionality; privacy; security; accuracy; availability; repairs; negligence; interruption; viruses or other harmful code or transmissions; or the nature or consequences of available content such as (without limitation) whether software or other content is subject to any particular license, or whether it is subject to any restrictions or consequences that might be triggered by any exercise of a right granted under these terms.
Vitalyon, our affiliates, licensors, suppliers, and advertisers make no warranty and hereby disclaim, whether implied or statutory, any warranty, including any warranty of title, quiet enjoyment, non-infringement, merchantability, merchantable quality, or fitness for a particular purpose. The entire risk, in connection with your use of the Digital Properties or Vitalyon Services, as to satisfactory quality, performance, accuracy and effort, is with you. You agree that you will obtain any content entirely at your own risk, and you will be solely responsible for any resulting infringement, breach of contract, consequence or damage, including, without limitation, bodily injury, death, damage to your computer system, or loss of data. You understand and acknowledge that these terms cover any and all forms of access to our content, including, without limitation, download, screenshots, and screen capture.
For the avoidance of doubt, you agree that you may not rely, and Vitalyon will not be liable for your reliance, on any information or opinions expressed via or on the Digital Properties or Vitalyon Services, including any decisions you make about your personal situation, health, and/or wellness. Any opinion or information presented via or on the Digital Properties or Vitalyon Services is for your convenience only and will not create any warranty not expressly stated in these Terms.
Content Rights and Ownership
All content provided or otherwise made available by Vitalyon through the Digital Properties or Vitalyon Services, including, without limitation, text, graphics, images, music, software, audio, video, concepts, methods of operation, works of authorship of any kind, and information or other materials appearing on or emanating to and/or from the Digital Properties or Vitalyon Services, as well as their overall design and appearance (the “Content”) is owned, controlled or licensed by or to Vitalyon and is protected by intellectual property rights and unfair competition laws within and outside of the United States. Content also includes any Content that Members (including you) provide or make available through the Digital Properties and Vitalyon Services (“Member Content”).
Subject to your compliance with these Terms and Conditions, Vitalyon hereby grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to download, view, copy and display the Content solely in connection with your permitted use of the Digital Properties and Vitalyon Services.
By making Member Content available through the Digital Properties or Vitalyon Services, you hereby grant Vitalyon a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, copy, reproduce, modify, adapt, translate, create derivative works based upon, distribute, publicly display, perform, distribute and communicate by means of telecommunication your Member Content in connection with operating and providing our Digital Properties, Vitalyon Services, and Content to you and other Members.
You are solely responsible for all of your Member Content. You represent and warrant that you own all of your Member Content or have the necessary rights to grant us the license rights in your Member Content as described under these Terms and Conditions. You also warrant and represent that neither your Member Content, or the use and provision of such through the Digital Properties or Vitalyon Services, nor any use of the Member Content by Vitalyon on or through the Digital Properties or Vitalyon Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Member Conduct, General Prohibitions, and Acceptable Usage
Vitalyon’s goal is to foster a positive and welcoming community for its Members and website visitors. Consequently, Vitalyon has established the following rules of use. As a Member, you agree not to use our Digital Properties or Vitalyon Services to do any of the following:
Use and/or interact with our Digital Properties to:
- Attempt to access another Member’s account including, without limitation, attempts to use another person’s credentials to create an account for the Digital Properties or Vitalyon Services;
- Create multiple accounts under different names or emails, including ghost accounts, or re-register an account that was previously terminated by Vitalyon;
- Access, tamper with, or use non-public areas of the Digital Properties or Vitalyon Services, Vitalyon’s computer systems, or the technical delivery systems of Vitalyon’s providers;
- Attempt to probe, scan, or test the vulnerability of any Vitalyon system or network or breach any security or authentication measures;
- Avoid, bypass, reverse engineer, remove, decompile, disassemble, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Vitalyon or any of Vitalyon’s providers or any other third party (including other Members) to protect the Digital Properties, Vitalyon Services, and Content;
- Use iFrame or offer web search functionality on the Digital Properties;
- Interfere with, or attempt to interfere with, the access of any Member, host or network, including, without limitation, intentionally posting or transmitting to or through the Digital Properties or Vitalyon Services any file that contains a virus, bug, worm, malware, Trojan horse, time bomb, spyware, Easter egg, disabling device or any other contaminating or destructive feature;
- Attempt to access or search the Digital Properties or Vitalyon Services or download Content through the use of any engine, software, tool, agent, device or mechanism (including, without limitation, spiders, robots, crawlers, scrapers or data mining tools) other than the software and/or search agents provided by Vitalyon or other generally available third-party web browsers;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Digital Properties or Vitalyon Services to send altered, deceptive or false source-identifying information;
- Do anything that could disable, overburden, or impair the proper working of the Digital Properties or Vitalyon Services, including any interference with the servers or networks used to make the Digital Properties or Vitalyon Services available, or any violation of the requirements, procedures, policies, or regulations of such networks;
- Use any meta tags or other hidden text or metadata utilizing a Vitalyon trademark, logo URL or product name without Vitalyon’s express written consent;
- Collect or store any personally identifiable information from the Digital Properties, Vitalyon Services, or other Members without their express permission; and
- Impersonate or misrepresent your affiliation with any person or entity.
Upload, post, or otherwise transmit any Member Content that:
- Violates any local, state, federal, or international law(s);
- Is fraudulent, false, misleading or deceptive;
- Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Harms, threatens, defames, promotes violence or illegal activities/substances; is otherwise vulgar, obscene, pornographic, bullying, abusive, harassing, tortuous, or libelous; is invasive of another’s privacy; is hateful, promotes discrimination, bigotry, or racism; or is otherwise objectionable;
- Links directly or indirectly to any materials to which you do not have a right to link;
- Contains any private information of any third party including, without limitation, addresses, phone numbers, email addresses, Social Security Numbers, and credit card numbers (or any similar unique/distinguishing personal information);
- Contains software viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware of telecommunications equipment, or to extract information from the Digital Properties or Vitalyon Services;
- Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; and
- In the sole judgment of Vitalyon is objectionable or restricts or inhibits any other person from using or enjoying the Digital Properties or Vitalyon Services, or which may expose Vitalyon, our affiliates, or other Members to any harm or liability of any type.
Use our content to:
- Develop a competing website, application (“App”), or similar functionality;
- Create compilations or derivative works as defined under the United States copyright laws;
- Redistribute in any manner including, without limitation, sale, license, lease, rental, subscription, or any other distribution mechanism;
- Decompile, disassemble, or reverse engineer the Digital Properties or Vitalyon Services or any related software; and
- Use the Digital Properties or Vitalyon Services in any manner that violates these Terms or any local, state, federal, or international laws.
A Member sending any communication in or through the Digital Properties or Vitalyon Services shall be solely responsible for the content and information contained therein including, without limitation, its truthfulness, accuracy, and completeness. Although Vitalyon reserves the rights to monitor, record, edit or remove any Content within the Digital Properties or Vitalyon Services, including Member Content, Vitalyon has no obligation or responsibility to do so. Also, Vitalyon shall not be liable or responsible to any Member or any other person or entity for the performance or non-performance of the monitoring, recording, editing or removal activities mentioned above.
Members and visitors understand that by using the Digital Properties or Vitalyon Services, they may be exposed to Member Content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. Vitalyon is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, Vitalyon will submit all necessary information to relevant criminal, civil, or regulatory authorities.
If any Member Content is reported to Vitalyon as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Vitalyon. If the Member fails to meet such a request, Vitalyon has full authority to restrict the Member’s ability to post Member Content and/or to immediately terminate and block access to the Member without further notice to the Member.
Without limiting the foregoing, Vitalyon reserves the right to remove, screen, filter, block, move, refuse, disable access to, or modify any Member Content that violates these Terms, or that Vitalyon, in its sole discretion, finds to be objectionable, hurtful, or otherwise inappropriate. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws. Vitalyon may also block your access to the Digital Properties or Vitalyon Services in the event that: [i] you breach these Terms; [ii] we are unable to verify or authenticate information you provide to Vitalyon; [iii] we believe that your actions may cause financial loss or legal liability for you, Vitalyon Members, or us; or [iv] we believe that blocking access is a reasonable business practice under the circumstances.
You warrant that you will not use the Digital Properties or Vitalyon Services to infringe on the intellectual property rights of others in any way. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating Members whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
We do not guarantee that any content or information you share or access will not be removed, damaged, corrupted, lost, or unavailable. We recommend that you back up any content that you store or access using the Digital Properties or Vitalyon Services.
You agree that we may terminate your use of the Digital Properties or Vitalyon Services, or any portion thereof, if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, or violated the right of Vitalyon or any third party, or for any other reason with or without notice to you. In such event, Vitalyon shall not be required to provide you with a refund or any other form of compensation. Upon termination, discontinuation, or cancellation of your account, including access to our Digital Properties, all provisions of these Terms which should survive will survive, including, without limitation, content rights and ownership provisions, warranty and professional/media services disclaimers, assumption of risk and indemnity, limitations of liability, and dispute resolution provisions.
Trademarks and Trade Names
All trademarks, service marks, trade names, logos and graphics (“Marks”) used in the Digital Properties or Vitalyon Services are trademarks or registered trademarks of Vitalyon. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials via the Digital Properties or Vitalyon Services, without Vitalyon’s prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance, in writing, by Vitalyon.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that the Digital Properties or Vitalyon Services will be error-free or free from viruses or other harmful components, or that we will correct any errors found within the Digital Properties or Vitalyon Services. We do not represent or otherwise warrant that the information available on or through the Digital Properties or Vitalyon Services will be correct, accurate, timely or otherwise reliable. We reserve the right at our sole discretion to change any Content, software, and other items used or contained in the Digital Properties or Vitalyon Services at any time without notice.
Third-Party Content and Links
The Vitalyon Services may contain links to third-party websites or other resources (“Third-Party Content”), but these links and sites do not form any part of our Digital Properties, Vitalyon Services, or Content. We provide these links only as a convenience to you and are not responsible for the content, products, or services available from those websites or resources or links displayed on such sites, nor are we responsible for updating or reviewing any Third-Party Content. You access and use Third-Party Content solely at your own risk.
You agree that Vitalyon: [i] is not responsible for examining or evaluating the content or accuracy of any Third-Party Content; and [ii] does not warrant and will not have any liability or responsibility whatsoever for any Third-Party Content. You agree not to use any Third-Party Content in any manner that would infringe or violate the rights of any other party, and that Vitalyon is in no way responsible for any such use by you.
Vitalyon does not in any way, implicitly or explicitly, endorse or control any information accessed on or from any third-party website or Apps, and assumes no responsibility for any material which may be accessed through such links. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites, Apps, or other resources. We remind you to review the applicable agreements and policies when visiting any third-party websites, including policies with respect to the use, collection and disclosure of your personal information that may differ from Vitalyon’s.
The Digital Properties or Vitalyon Services may contain content supplied by third parties, including, without limitation, other Members, advertisers, merchants and sponsors. Accordingly, Vitalyon has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, Members, or any other user of the Digital Properties or Vitalyon Services, are those of the respective author(s) and not of Vitalyon. Vitalyon does not guarantee the accuracy, completeness, merchantability or fitness for any particular purpose nor the legality of any content provided by any of these parties.
You understand that we do not operate or control the products or services offered by third-party merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a direct party to any transaction entered into between you and any merchant. You agree that use of or purchase from such merchants is at your sole risk and without warranties of any kind by us. All rules, legal documents (including privacy policies), and operating procedures of any merchant will apply to you while on any merchant website(s).
Linking to our Website and Digital Properties
You may seek written permission to provide links to our Website or Digital Properties. If we grant you permission to provide links to our Website or Digital Properties you understand that: [i] you will not remove or obscure any portion of our Website by framing or other means; [ii] your website will not engage in, without limitation, illegal or pornographic activities; and [iii] you will cease to provide links to our Website or Digital Properties immediately upon our request.
Internet Service Provider Charges and Other Charges
You are responsible for all mobile, cable or other Internet Service Provider (“ISP”) charges incurred by you for connecting to the Digital Properties or Vitalyon Services. Vitalyon assumes no responsibility or liability of any such charges including, without limitation, data charges, long distance charges, per minute (or unit) surcharges, and/or equipment or line costs, that are incurred by you while accessing the Digital Properties or Vitalyon Services. Any dispute or problem regarding telephone, ISP, or similar telecommunication/Internet service providers are strictly between you and your service provider. You may receive text messages in connection with your use of the Digital Properties or Vitalyon Services. Standard text messaging and data usage rates may apply. You are responsible for all charges incurred by you for any text messages you receive and Vitalyon assumes no responsibility or liability for any such charges.
The Digital Properties or Vitalyon Services may include certain elements that may be available via your mobile phone, including, without limitation: [i] the ability to book and/or purchase Vitalyon products or services; [ii] the ability to receive and reply to Vitalyon’s messages; [iii] the ability to browse our Website or Digital Properties; and [iv] the ability to access certain Vitalyon features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). Unless specifically noted to the contrary, we do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available to you and how much they cost. Also, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile device(s), and what restrictions, if any, may apply to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Vitalyon, other entities, and our Services, by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
No Professional or Medical Advice; No Doctor-Patient Relationship
Vitalyon is not a healthcare or medical provider. The Digital Properties and Vitalyon Services (including, without limitation, any advice, information, workouts, exercises, regimens, programming, nutritional plans, recipes, or other materials, collectively the “Wellness Features”), are provided for general informational purposes only and do not constitute medical advice. The Wellness Features are not intended to be relied upon for determining the state of your health or in the diagnosis of any medical conditions and are not, and should not be used as, a substitute for a professional medical evaluation. We advise you to see your physicians on a regular basis and to seek their advice: [i] prior to engaging in any training, fitness, nutrition, or recovery regimen; [ii] if you have any questions or concerns regarding your health; or [iii] if you have an interest in, or require the diagnosis of specific medical conditions.
Vitalyon is not liable or responsible for any consequences of you having read, used, or relied upon any Wellness Feature. By using any Wellness Feature, you acknowledge and understand that it may involve or provide information regarding strength, plyometric, flexibility, cardiovascular, endurance, or other exercises, any and all of which can be potentially hazardous. You should consult with your doctor prior to using any Wellness Feature. If you choose to use any Wellness Feature, you should be in good health and have no disability, impairment, injury, disease, or ailment that would or will prevent you from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of using such Wellness Feature, and you hereby assume all risks associated with using such Wellness Feature. If you experience any pain, difficulty breathing, dizziness, illness, or discomfort when using any Wellness Feature, stop immediately and consult your physician or seek emergency medical attention.
Our employees are not healthcare professionals. We do not provide or offer and are not a replacement for, professional medical evaluation, advice, diagnosis, or treatment (“Medical Advice”). You hereby agree that, before using the Vitalyon Services or reviewing any Content, you will consult your physician or other healthcare provider(s) for Medical Advice, particularly if you are at risk for problems arising from changes in your training and exercise activities, lifestyle, and/or diet.
You further acknowledge that any information that is provided for the consideration of a specific user or person is intended solely for consideration by that individual based on specific user input and circumstances. As a result, any information that is provided in this context is not intended for consideration or use by anyone other than the specific user to whom it was provided.
Vitalyon provides the Digital Properties or Vitalyon Services and the Content for informational purposes only. Based on information that you request and/or provide to us, Vitalyon provides you: [i] access to general health, fitness, and wellness education and information; [ii] access to exercise and training information; [iii] nutritional, recovery and other fitness information; and [iv] references to other resources. While Vitalyon believes that the information provided through the Digital Properties or Vitalyon Services is current and reliable, Vitalyon cannot and does not make any such guarantee or warranty. The Digital Properties, Vitalyon Services, and Content are not intended to be used by minors or individuals with health conditions which may increase the risk of adverse conditions or physical outcomes.
Furthermore, Vitalyon shall have no obligation or responsibility to monitor your health status or health condition or to contact or alert any medical or emergency professional. Vitalyon shall not be liable to you for your reliance on any information obtained through the use of the Digital Properties or Vitalyon Services, and Vitalyon disclaims all liability in connection with such information. This disclaimer shall not extend to damages caused directly and solely by Vitalyon’s gross negligence or willful misconduct.
Assumption of Risk and Disclaimer
Vitalyon provides, and you acknowledge and agree that Vitalyon provides the Digital Properties, Vitalyon Services, and Content, and any and all materials received by you, including Member Content, as part of your use of our Digital Properties or Vitalyon Services, and that the Digital Properties and Vitalyon Services are offered “as is” and “without warranty” of any nature or kind. Vitalyon grants no, and hereby disclaims all warranties, express, implied, statutory or otherwise, with respect to the Digital Properties or Vitalyon Services provided to you including, without limitation, any implied warranty of non-infringement, merchantability or fitness for a particular purpose in connection with the Digital Properties, Vitalyon Services, or Content with which it is linked.
Further, using the Digital Properties, Vitalyon Services, and or Content, including Member Content, may involve the risk of injury or illness. Specific risks vary from one exercise, training, lifestyle, or diet change to another, and the risks range from minor injuries or illness to major injuries or illness, and in extreme instances, death. You understand and acknowledge that performing any exercise without supervision increases your risk of injury. You further understand and acknowledge that if you exercise with no one else present to supervise you or watch your activities, or without supervision even when others are present, you assume all risks of injury, minor or major, whether known or unknown to you.
In consideration of your use of the Digital Properties or Vitalyon Services, you understand and voluntarily accept the risks and agree to indemnify, defend and hold harmless Vitalyon and its officers, directors, employees, consultants, agents, successors and assigns, from and against any loss, liability, claim, demand, damages, costs and expenses, including all legal and other reasonable fees and expenses for investigating or defending any action or threatened action (as well as settlement costs) which any of the indemnified parties may incur in connection with any claim arising out of or resulting from: [i] any breach by you of these Terms; [ii] your use of the Services, Content, your account, and/or your Member Content; and/or [iii] any violation by you of any law or third-party rights, including, without limitation, for personal, bodily, or mental injury, wrongful death, emotional distress, economic loss, loss of services or other damages or harm or any damage to you, your spouse, unborn child, or other third parties resulting from your use of the Digital Properties, Vitalyon Services, or Content, including without limitation, the negligence of Vitalyon or anyone acting on Vitalyon’s behalf. You understand and acknowledge that Vitalyon is providing informational services only and may not be held liable for defective products.
Vitalyon hereby disclaims all warranties, express, implied, statutory or otherwise, with respect to any Services, Content, or information that it provides, including any/all information made available through the Vitalyon Services.
Limitation of Liability
In no event shall Vitalyon, nor any other party involved in creating, producing, or delivering the Digital Properties, Vitalyon Services, or Content, be liable: [i] to you for any punitive, special, incidental, consequential or other indirect damages (including, without limitation, damages for loss of data or goodwill, loss of programs, lost profits, cost of procurement of substitute services or cost of service interruptions) arising out of or related to the use of, or inability to use the Digital Properties or Vitalyon Services, and any and all equipment or devices received by you (if any) as part of your use of the Digital Properties or Vitalyon Services, even if Vitalyon or its agents or representatives know or have been advised of the possibility of such damages; or [ii] to any person other than you for any damages whatsoever.
Vitalyon disclaims all liability, regardless of the form of action, for the acts or omissions of other Members or unauthorized users (a/k/a “hackers”) of the Digital Properties or Vitalyon Services, except where due to Vitalyon’s gross negligence or willful misconduct.
Vitalyon expressly disclaims liability for all damages and assumes no liability or responsibility for any loss, injury, or damage suffered by any person as a result of the use, misuse, reference to, reliance on, or results obtained from any information including, without limitation, videos, audio, or training manuals made available via or on the Digital Properties or Vitalyon Services, or from information obtained at linked sites or recommended products, or any other Content on the Digital Properties or Vitalyon Services.
In no event shall Vitalyon be liable to you or anyone else for any amount in excess of the amounts paid by you (or by a third party on your behalf, and only to the extent such amount is directly attributable to you and not another Member) to Vitalyon for access to the Digital Properties or Vitalyon Services.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or the limitation on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. You may also have other rights, which vary by jurisdiction.
By voluntarily choosing to use the Digital Properties or Vitalyon Services and accessing our Content, in addition to the payment of any fee or charge, you hereby waive, release, and forever discharge Vitalyon and its directors, officers, agents, contractors, employees, representatives, heirs, successors and assigns, administrators, executors, and all others from any and all responsibilities or liability from injuries or damages resulting from your use of the Digital Properties, Vitalyon Services, and Content. You also hereby release all of those mentioned and any others acting upon their behalf from any responsibility or liability for any injury or damage to yourself, including those caused by the negligent act or omission of any of those mentioned, or others acting on their behalf or in any way arising out of or connected with your participation use of the Digital Properties or Vitalyon Services. This provision shall apply to all acts of negligence but shall not apply to willful or wanton acts, or those of an intentional/criminal nature.
This Agreement shall be interpreted, administered and enforced in accordance with the laws of the State of Georgia (exclusive of its conflict of laws rules). Any claim or cause of action of any kind arising out of or connected with these Terms shall be adjudicated solely and exclusively in either the U.S. District Court for the Atlanta District of Georgia or the State Court of Cobb County, Georgia. You and Vitalyon (each a “Party” and collectively the “Parties”) consent to the personal jurisdiction of such courts for this purpose and waive any objection to the personal jurisdiction or venue thereof, including forum non-convenience. Notwithstanding the foregoing, a judgment obtained in the State of Georgia may be enforced in any other state, district or territory.
These Terms and Conditions, accepted upon first accessing the Digital Properties or Vitalyon Services, including all policies, terms and conditions or other documents and agreements you may accept and/or are incorporated by reference, constitutes the entire agreement between you and Vitalyon regarding the use of the Digital Properties or Vitalyon Services. Any and all other written or oral agreements or understandings previously existing between you and Vitalyon with respect to use of the Digital Properties or Vitalyon Services are hereby superseded and canceled. If any provision of these Terms and Conditions is found unlawful, void, or unenforceable, then such provision shall be deemed severable from the rest of the Terms and shall not affect the validity and enforceability of any remaining provisions.