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  TERMS OF USE

CONTRACT FOR SERVICES

The subscription to the VitalOp Wellness App (“App”) represents your agreement to services through the App for a period of one (1) month or one (1) year, depending on the subscription option you chose. VitalOp will not refund any amount paid for the subscription. Your subscription will automatically renew at the end of the subscription period unless you cancel the services 30 days prior to the renewal date.

MINIMAL AGE REQUIREMENT

The App is designed and intended for persons over the age of 18. We do not knowingly allow or solicit anyone under the age of 18 to participate independently on the App, nor do we knowingly collect personal information from children. If we become aware that a user of the Services is under the age of 18 and has provided us with personal information, we will delete such personal information from our files.

GEOGRAPHICAL RESTRICTIONS

The owner of the App is based in the state of Louisiana in the United States. The App is intended for use only by persons located in the United States. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you subscribe to the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMERS

VitalOp provides general health information and is designed for educational purposes only. You should consult your physician before beginning any new program that affects your health. You should not rely on this information as a substitute for professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health or wellbeing, you should always consult with a physician or other health-care professional. Do not disregard, avoid, or delay obtaining medical or health related advice from your health-care professional because of something you may have heard or read through this App. The use of any information provided on this App is solely at your own risk.

Nothing stated or posted on this App or available through any of VitalOp’s services are intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.

Please read the following information carefully. By choosing to use this App, you acknowledge and agree to the terms of this Disclaimer and our Legal Notices. Continuing to use the App indicates your acceptance of all terms and conditions of this Disclaimer and our Legal Notices. VitalOp reserves the right to revise these terms and notices, and therefore encourages you to review them regularly, because using the App will indicate your acceptance of, and agreement with, all terms and notices.

You assume full responsibility for using the information received through the App, and you understand and agree that VitalOp and its sponsored organizations are not responsible or liable for any claim, loss, or damage resulting from its use by you or any user. Although significant efforts are made to keep the information on VitalOp updated and accurate, we disclaim any warranty regarding its currency or accuracy.

LEGAL NOTICES

Please read the following information carefully. By choosing to use this App, you acknowledge and agree to the terms of our Legal Notices and our Disclaimer. Continuing to use the App indicates your acceptance of all terms and conditions of our Legal Notices and our Disclaimer.

Limitation of Liability

VitalOp and its affiliates, suppliers, and other third parties mentioned on this VitalOp are neither responsible nor liable for any direct, indirect, incidental, consequential, special ,exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the App, VitalOp-related services and products, content or information contained within the VitalOp, and/or any hyperlinked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the VitalOp,VitalOp-related services, and/or hyperlinked websites, is to stop using the App and/orthose services. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Links or Pointers to Websites

VitalOp makes no representations whatsoever about any other website that you may access through this App. When you access an external website, please understand that it is independent from the App, and that VitalOp has no control over the content on that website. In addition, a hyperlink to a non-VitalOp website does not mean that VitalOp endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this App, you do this entirely at your own risk.

 

Governing Law

Terms and conditions stated in our Disclaimer and Legal Notices are entered into in the State of Louisiana and will be governed by and construed in accordance with the laws of the State of Louisiana, exclusive of its choice of law rules. Each party to these terms and conditions submits to the exclusive jurisdiction of the state and federal courts sitting in Shreveport, Louisiana, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these terms and conditions, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect.