VITALITYVILLE TERMS OF USE

Updated on: September 14, 2023

Please read these terms thoroughly to ensure that you comprehend each clause. These terms contain an arbitration requirement and a class action waiver, which means that, unless you choose to reject them in accordance with the instructions provided, any disputes between you and us, including those that arose or were asserted before you accepted these terms, must be settled through binding arbitration. You hereby renounce your right to file a lawsuit and ask for a jury trial to the fullest extent permitted by law. Additionally, you give up your right to take part in a lawsuit as a plaintiff or member of a class, collective, private attorney general, or representative proceeding.

VITALITYVILLE s an online platform provided by VITALITYVILLE LTD. and its affiliated businesses, also known as “vitalityville.com,” “VitalityVille,” “VitalityVille.com,” “us,” “our,” or “we.” These Terms of Use, also known as the “Terms” or “Agreement,” govern your access to and use of our website, applications, features, software, and all related services offered through our online platform, also known as the “Platform” or “Service(s).” All users of our service, including visitors and other users (collectively, “Users” or “you”), are subject to these Terms.

You should be aware that the service might let you divulge private data, experiences, and tales about your general health and medical care. By utilizing our service, you consent to others having access to and viewing such medical, treatment, or patient information. These agreements also set forth the extent of our liability to you and disclaim any guarantees as to your satisfaction with the service or the achievement of any particular results. No practitioners, outcomes, or therapies offered by the service are recommended or verified by us. You are given the service, the outcomes, our content, and the materials “as is” and without any warranties. In other words, your usage of the service is entirely your responsibility.

We reserve the right, at our sole discretion, to change or modify any part of these Terms whenever we see fit. If any of our modifications or changes have the potential to negatively impact how you use the Services or your legal rights, we will give you at least one business week (five days) advance notice. Your continued use of the Service following the publishing of any changes or revisions will signify your full acceptance of and consent to such changes, unless something to the contrary is clearly stated. You have the choice to cease using the Service if you object to the modifications.

 

QUALIFICATIONS FOR SERVICE:

You may use the Service only if and to the extent that you are legally able to do so and only in accordance with these Terms and all applicable local, state, national, and international laws, or the rules, and regulations. Individuals under the age of 13 (or under 16 in Europe) are not permitted to access or use the Service, and doing so is against the terms of this agreement. The Service is only for your personal, non-commercial use, unless you have a separate agreement in place with us for such usage. The Service is not available to you if VitalityVille previously disabled, barred, or cancelled your Account (as defined below).

It’s crucial to understand that these Terms signify a legal agreement between you and VitalityVille. Before you access or use the Service, you must carefully read and accept these Terms. The term “you” includes any corporation, organization, or other legal entity that you represent when using the Service, and you agree to abide by these Terms even if we have a separate contract with you. You are not allowed to use the Service if you disagree.

The Service may be changed or discontinued entirely or in part by VitalityVille, with or without prior notice, and either temporarily or permanently. Additionally, VitalityVille reserves the right to immediately terminate any User’s access to the Services for any reason, including a breach of these Terms, without prior notice. VitalityVille reserves the right to issue a warning, immediately terminate or suspend any or all Accounts made using the Service, or both in the event of Term violations. You agree that VitalityVille is not required to give notice before closing or suspending your account(s), but it may do so in its sole discretion.

The use of the Services by professionals (sometimes referred to as “Practitioners”) to list their services or provide treatment may be subject to additional terms. You will be given this additional information in conjunction with the applicable Services. These additional terms are an addition to and will be regarded as a component of the Terms pertaining to the relevant Services. The additional terms will take precedence over these Terms if there is a discrepancy with regard to the applicable Services between them.

 

USE OF MEDICAL DATA AND SERVICES:

A licensed medical professional-patient relationship is not created by using the information offered by or via the service, including features, links to other websites, or any assistance we provide to help you discover a qualified treatment provider.

 

REGISTRATION OF ACCOUNT:

If in case you don’t already have a registered account (“Account”), you will be required to create one when you first access the Service. You may be required to choose a username, password, a valid email address, and other data to access some applications or features, which entails giving and validating personal information, referred to as your “Account Information.” You bear sole responsibility for keeping your login information secure and for any consequences that may result from the use of your login information or from any other activity on your Account inside the Platform.

Without incurring any liability to you, we have the right to refuse any Account registration, terminate your Account, or restrict Account usage. You understand that all information and data associated with your Account (whenever provided) may be made publicly available on your user profile by providing your Account Information or creating an Account. You hereby acknowledge and accept that the personal information you provide will be included in your Account and profile, and that we may update your profile with data gleaned from your Account Information or from your use of the Platform. You also give us permission to disclose this information to others.

You reaffirm and guarantee that the data you provide to us throughout the registration process and at all other times is true, accurate, current, and comprehensive. You are totally liable for all acts taken using your login information or in any other way connected to your Account, and you are responsible for maintaining the privacy of such data. Any liability for activities committed by third parties under your Account is waived by VitalityVille. You agree to let us know right away if you have any reason to believe that the security of your login information has been compromised or that someone else has gained access to your account without your permission. It is understood that we won’t be held responsible for any losses or harm brought on by someone using your login information without your permission.

 

RESTRICTED LICENSE:

VitalityVille hereby grants you a limited, revocable, non-exclusive, non-transferable, and non-sub-licensable license to access and use the Service as permitted by the features of the Service, subject to your compliance with these Terms. All rights in the Service and VitalityVille Content (as defined below) not expressly granted in these Terms are retained by VitalityVille. You agree not to (and do not attempt to) (i) use the Service for any purpose not expressly permitted by these Terms; and (ii) duplicate, copy, adapt, modify, create derivative works, distribute, license, sell, transfer, publicly perform, transmit, stream, broadcast, attempt to discover the source code, reverse engineer, decompile, disassemble, or otherwise exploit the Service or any portion of it, unless expressly permitted by these Terms. Except as specifically provided in these Terms, VitalityVille and our licensors do not imply or grant you any licenses or other rights under any intellectual property owned or controlled by them.

 

PROVISION OF RECOMMENDATIONS:

If you choose to provide VitalityVille with ideas, suggestions, proposals, or suggestions for improvements to the Services (collectively, “Feedback”), you represent and warrant that (a) you have the right to disclose such Feedback, (b) your Feedback does not violate the rights of any person or entity, and (c) your Feedback does not contain any confidential or proprietary information belonging to any third party.

By providing feedback, you also (i) acknowledge that we are not bound by any implied or express confidentiality obligations regarding the feedback, (ii) acknowledge that we may already be considering or developing something similar to the feedback, (iii) grant us a perpetual, irrevocable, non-exclusive license to use, modify, publish, distribute, and sublicense the feedback, (iv) permanently waive all declarations of philosophical rights included in the feedback. Even if your account or use of the Services is terminated, this section about feedback is still in force. All of the rights granted in this section are given to you without any additional payment being necessary on our behalf.

 

COMMUNICATIONS:

You imply consent to receiving electronic messages from Practitioners, site users, VitalityVille, affiliates of VitalityVille, or third parties providing services to VitalityVille by registering an Account, utilizing our Services, or giving us information. This Agreement shall be effective whether transmitted by email, text message, mobile push notification, or postings on the Platform. These communications deal with administrative, security, and privacy issues relating to how you use the Service. Additionally, you agree that any legal requirements for written communications are satisfied by all agreements, notifications, disclosures, and other communications supplied to you electronically. In relation to these Terms, “affiliates” means any company that currently or in the future directly or indirectly owns, is under the direction of, or has a joint controlling interest in VitalityVille. In this sense, “control” refers to holding a majority of the shares or having the power to dictate management.

 

LEGAL RIGHTS AS TO CONTENTS:

You represent and warrant that the information associated with your Account, including any medical or diagnostic data, and any other content, including but not limited to text, graphics, images, logos, trademarks, copyrights, audio, visuals, comments, opinions, messages, files, emails, or other materials presented on your profile or uploaded to the Service by you, is known as “Your Content.” VitalityVille is not responsible for any anything that you upload, message, publish, post, or otherwise make available; you are solely in charge of your Account.

Your Content that you post, upload, or provide permission to use on the Platform is not our property. You grant us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid, and royalty-free license (with the right to sublicense through an unlimited number of levels of sublicenses) to use, reproduce, copy, modify, publish, translate, perform, display, create derivative works from, adapt, and distribute Your Content across all media, now known or later developed, in the world by uploading, presenting, distributing, transmitting, or using Your Content with the Service. This agreement also grants the right to publicly display your name, likeness, photographs, and other materials you upload on or off the Platform for marketing reasons. To the fullest extent permissible by law, you expressly renounce any philosophical rights that might apply to VitalityVille’s use of this license. In accordance with our terms and conditions for such content use, this license enables us to provide, advertise, and enhance the Platform and make Your Content accessible to other Users, organizations, or people for syndication, broadcast, distribution, promotion, or publication on other media and services. Your Content placed on the Platform won’t receive any payment. Only content that you are at ease sharing with others in accordance with these Terms shall be submitted to the Platform.

The integrity, quality, or correctness of Your Content or any other User’s content is not guaranteed by VitalityVille. You understand that using the Service exposes you to content that you may find distasteful or offensive. You acknowledge that VitalityVille will never be held responsible for Your Content, including any mistakes it may include or any loss or harm associated with Your Content. VitalityVille reserves the right to delete Your Content permanently and to remove it from the Service at any time, for any reason, and with or without prior notice. You can alert VitalityVille by sending an email if you think any User material violates these Terms or demonstrates unacceptable User behavior.

 

PAYMENTS OR FINANCIAL TRANSACTIONS:

You understand and agree that VitalityVille will not handle any payments or transactions involving you, unless otherwise stated. The platform of the appropriate Practitioner providing the wellness services you require will be used to process any payments or financial transactions you undertake. These payment procedures or transactions are outside our control, and we are powerless to stop them. We also do not provide refunds for any transactions made through the website of the Practitioner or any other third-party payment service provider. It is essential that the data you give to such third-party payment service providers is correct, whole, and current when it comes to a payment, purchase, or other financial transaction utilizing a Practitioner’s platform. The use of your credit card, debit card, or any other payment method in connection with a purchase, transaction, or other financial interaction with the relevant Practitioner is also agreed to be covered by you for all costs incurred by users.

 

OUR FUNCTION AND FINANCIAL ACTIVITIES:

To be clear, we are not working in the capacity of a broker, financial institution, or creditor. Our Services and website are just used as a platform for administration. We don’t help Users and Practitioners make payments or conduct financial activities. You undertake, accept, or facilitate any transactions, purchases, or sales outside of our website totally at your own risk. Payments made outside of our platform are not subject to our oversight or approval. It’s crucial to understand that we expressly decline any duty to defend you or release you from liability for any losses you could have when carrying out or facilitating transactions away from our website.

 

COMMUNICATIONS – CODE OF CONDUCT AND USAGE:

The Service provides a communication platform aimed at fostering community where Users can communicate directly or indirectly with each other. Although it is possible, VitalityVille is not required to actively monitor these communications in order to provide the Service. Additionally, VitalityVille retains the right to refuse you access to any communication service we offer at any time, for any reason, and without prior warning. It’s critical to note that we neither support nor have control over any user-generated content on any communication channels, including conversations, postings, or things made by users. VitalityVille will never be held accountable for actions taken through  direct or indirect communications related to our Platform. We are also not liable for any information you decide to share and communicate or for other Users’ conduct.

You guarantee and affirm that you will only use the Platform for legal purposes and in compliance with these Terms, all applicable laws, regulations, and any legally enforceable obligations (including contractual obligations) you may have to us or third parties as a condition of using the Service, without limiting your other obligations set forth in these Terms. All remarks and materials published on the Platform or through your account communications are strictly your responsibility. You consent, for example, to refrain from using the Service to:

• slander, belittle, jeer, harass, threaten, intimidate, or abuse any User.
• Use a different person’s email address, phone number, or account details to pose as them.
• Engage in behavior that is harmful to us, the Service, or any other User, whether it be dishonest, illegal, or otherwise.
• Uploading or sending files containing viruses, Trojan horses, worms, time bombs, cancelbots, corrupted data, or any other similar software or programs is prohibited, as is engaging in any behavior that would jeopardize the Service’s functionality or the devices of other Users.
• Send communications that are against CANADA ANTI-SPAM LEGISLATION (CASL) or any other anti-spam legislation that may be relevant.
• Use, upload, transmit, distribute, or in any other way make available any information through the Service that violates any copyright, trademark, patent, trade secret, or other rights (including privacy or publicity rights), or otherwise violate the contractual, personal, intellectual property, or other rights of any party or User.
• Attempting to get other Users to provide their passwords or personal information.
• Use the complaint or support channels to submit fictitious information.
• Behave in an offensive way (as assessed by VitalityVille), such as by pestering, trolling, threatening, abusive, racist, or bigoted.
• Discriminate in who has access to the communities you establish.
• Encourage, support, or advance criminal activity.
• Create, disseminate, or share “auto” software, “macro” software, or other “cheat utility” software programs or applications that are in violation of the relevant license terms.
• Exploit, disseminate, or alert other players to any game flaw that gives them an unfair advantage.
• violate any laws or rules that may be in force, or encourage or promote criminal behavior, such as hacking, cracking, the distribution of phony software, the use of compromised accounts, or the use of cheats or hacks for the Service.

Please be aware that this is not a complete list of regulations, and we reserve the right to decide what behavior constitutes a breach of the Terms or improper use of the Service. In response to such behaviour, we reserve the right to take a variety of measures, including closing your Account and prohibiting you from using the Service moving forward.

 

ENFORCEMENT:

VitalityVille retains the right to review and, in our sole discretion, delete any Content or portions of Content that, in our opinion, violate these Terms or other applicable policies posted on the Platform, including our Community Guidelines, or that we deem inappropriate. However, VitalityVille is not required to do so. You have the choice to report Content that you find on the Platform that you think violates our policies by contacting us directly at support@vitalityville.com. We shall review the Content after receiving such notification and decide whether to delete the entire piece or just a portion of it. Please be aware that we have sole discretion in how we interpret our policies and whether or not to delete content that is considered inappropriate. It’s critical to realize that if we decide not to delete or alter Content that offends you, we are not in violation of these Terms or any other agreements we may have with you.

We reserve the right to look into and take necessary action in response to violations of these Terms, at our sole discretion, even though we are not required to. Such actions may include removing Content (or portions of it) from the Platform, suspending some or all of your rights to use the Platform, canceling your membership and account, bringing legal action against you, reporting you to law enforcement, regulatory agencies, or administrative bodies.

Although we are not required to, we reserve the right to take the necessary steps to protect our Users’ anonymity to the fullest extent permitted by applicable law, particularly in situations where subpoenas or other information requests ask for a User’s electronic address or other identifying information.

 

DEALING WITH CONFLICTS WITH OTHER USERS:

You are solely responsible for your interactions with other Service Users and anyone else you come into contact with through the Service. When it comes to how you use the Service or interact with other Users, including any actions or inactions by Users, VitalityVille expressly disclaims all liability to you or any third parties. While we reserve the right to do so, VitalityVille is not obligated to monitor or mediate disagreements that could develop between you and other Service users.

 

LINKS TO WEBSITES OF OTHER PARTIES:

The Platform might have connections to external websites that are either uploaded by other Users or given by us as a service to those looking for such information. You do it fully at your own risk if you choose to utilize these links to visit other websites. These third-party websites are not under our control or supervision, and we offer no guarantees or statements about them. The inclusion of such links is only for your convenience and does not imply that we support, adopt, sponsor, or otherwise have any connection to the third-party websites in question. Our terms and conditions no longer apply to your transactions with third-party websites once you leave the Platform.

 

COPYRIGHT CLAUSE:

Complaints: Respecting others’ intellectual property rights is important to VitalityVille, and we strongly advise our users to do the same. We invite you to notify VitalityVille of your allegation of infringement using the procedure indicated below if you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been violated in any other way. In response to actual or suspected infringement, VitalityVille will review and look into reports of alleged infringement and will take appropriate action in accordance with the Notice and Notice regime, the Copyright Modernization Act of Canada, and other relevant intellectual property laws.

Please email VitalityVille at support@vitalityville.com with the subject line “Notice and Notice Takedown Request” to report alleged copyright violations. The notice must be in writing and contain the information below in order to be valid:

1. a) The digital or written signature of the representative of the copyright or other intellectual property owner.
2. b) A description of the work protected by copyrights or other piece of intellectual property you think has been violated.
3. c) A thorough description, with enough specificity to help us find the allegedly infringing content on the Service, of where you think it is located within the Service.
4. d) Your home address, contact information, and email.
5. e) A declaration from you stating that you sincerely believe the disputed use is not permitted by the law, the copyright or intellectual property owner, their agent, or both.
6. f) A declaration from you, given under oath and attesting to the veracity of the information in your Notice, attesting to your ownership of the copyright or other intellectual property or your authority to act on their behalf.

Please be aware that you could be charged with damages and legal costs if you submit a complaint of infringement that knowingly and materially misrepresents that any Content, information, or communication on the Service violates a copyright.

 

Counter-Notice:

You can send a written counter-notice to the copyright agent with the following information if you think that Your Content was taken down (or access to it was blocked) unjustifiably, that it doesn’t violate any copyrights, or if you have the required permission from the copyright owner, their agent, or the law to upload and use the material in Your Content.

1. a) Your written or digital signature.
2. b) A list of the content that was deleted or had access disabled, together with the URL of its previous placement.
3. c) A declaration stating that you have a sincere belief that a mistake or misidentification led to the removal or disablement of the content.
4. d) Your name, address, contact information, and email address as well as a statement indicating your agreement to submit to the jurisdiction of the Ontario, Canada, provincial court and your willingness to receive service of process from the person who reported the alleged infringement.

VitalityVille will send a copy of the counter-notice to the original complainant if our support staff receives one, reminding them that they have 10 business days to either restore the deleted content or stop blocking it. The withdrawn content may be reinstated, or access to it may be restored, within 10 to 14 business days or more after we receive the counter-notice, at our sole discretion, unless the copyright owner takes legal action to obtain a court order against the content provider, member, or User.

 

Policy for Repeat Infringers:

In accordance with the Notice and Notice regime and other applicable laws, VitalityVille has put in place a policy that enables us to dismiss Users who have been found to be repeat infringers as we see fit. Regardless of whether it constitutes repeat infringement, we have the right to restrict access to the Service and/or terminate memberships of any Users found to be violating another party’s intellectual property rights.

 

PROPRIETARY RIGHTS AS TO VITALITYVILLE MATERIAL:

The term “VitalityVille Material” refers to all information, advertisements, comments, postings, messages, files, emails, data, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, visuals, music, works of authorship, and other materials included in or transferred through the Services, unless we expressly state in writing otherwise.

This Agreement does not give any license or other rights to utilize any of these intellectual property rights, unless those rights are expressly granted in this Agreement. You consent to refrain from carrying out any actions that would result in the VitalityVille Material being sold, licensed, rented, modified, reproduced, transmitted, publicly performed, published, edited, or used as the basis for another work. Any use of the VitalityVille Material not authorized by this Agreement is strictly forbidden.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent, copyright, mask work, moral rights, rights of publicity, trademark, trade dress, and service mark rights, goodwill, trade secret, and other intellectual property rights now existing or which may hereafter arise, including all related applications, registrations, renewals, and extensions, as governed by the laws of any state, nation, or territory.

 

LAW GOVERNING REPORTING OF CREDIT:

It is completely forbidden to use any data, content, information, or materials from Platform users for credit, employment, insurance, or other similar evaluations. The Financial Consumer Agency of Canada (or “FCAC”) does not classify VITALITYVILLE LTD. as a consumer reporting agency. As a result, neither all nor any of the information made available through the Service was obtained with the goal of generating consumer reports as defined by the FCAC.

You are not allowed to use the service to do any of the following or any combination of the following:

• Assess risks connected with current consumer credit commitments or determining a person’s eligibility for personal credit or insurance;
• Evaluate candidates for hiring, promotions, reassignments, or continuous employment; this includes positions such as household workers (such as babysitters, cleaners, nannies, contractors, etc.),
• Engage in any other type of personal business dealing with another person, such as renting an apartment.

 

UNAFFILIATED CONTENT:

You agree that the Services may deliver Content to you that was created by other Users, advertisers, or third parties. Here, “Content” refers to a wide range of materials, including original works of authorship, information, photographs, logos, advertisements, comments, opinions, postings, messages, text, files, images, emails, data, audio, and visuals (collectively referred to as “Third-Party Content”) that you come across on the Platform.

It’s crucial to understand and accept that downloading Third-Party Content deprives you of all ownership rights. Without first obtaining express prior written consent, you are expressly forbidden from altering, copying, distributing, framing, reproducing, republishing, downloading, scraping, displaying, uploading, transmitting, or selling Third-Party Content, in whole or in part, or otherwise exploiting it. Please be aware that you do not acquire any ownership rights by using the Service or by accessing any Third-Party Content placed on the Service by other Users, or any derivative works thereof. No license is provided by implication, estoppel, or any other tactic, and all rights not expressly granted in these Terms are reserved by VitalityVille, its Users, and/or their licensors.

As a result of our lack of control over such Third-Party Content, it’s critical to recognize and accept that:

• Any Third-Party Content, including details about goods and services provided by third parties or the opinions of other Users, is not our responsibility and is not supported by us.
• We give no assurances as to the truthfulness, relevance, applicability, dependability, or caliber of the data in such Third-Party Content.
• We disclaim all liability for any undesired, offensive, false, deceptive, or illegal Third-Party Content posted by Users, advertisers, or other third parties.

We typically cannot be held liable for claims arising from Third-Party Content provided by third parties on the Platform, in accordance with the Canadian Communications Decency Act of 1996 and comparable laws in other regions that seek to limit the liability of online service providers for user-generated Third-Party Content.

 

YOU FURTHER AFFIRM, WARRANT, AND SWEAR THAT YOU ARE:

• Not residing in or being a national of a country that the Canadian government has identified as supporting terrorism through embargoes, sanctions, or other restrictions.
• Not listed on any restricted end user lists maintained by the Canadian government.
• In accordance with Canadian law, subject to any penalties imposed by the government of the nation in which you are using the Platform.

 

DISCLAIMER AS TO MEDICAL RESPONSIBILITY:

The Services are only offered for educational, scheduling, and informative purposes and are not meant to be a substitute for professional medical guidance, diagnosis, or care. We do not provide any type of therapy, medical advice, or diagnostic services. Our main goal is to link Practitioners and Users online by offering a platform that allows for the sharing of knowledge regarding treatments and medical issues. It’s crucial to understand that VitalityVille does not hire Practitioners and is not responsible for their deeds or failure to do. We are only responsible for delivering the platform and any related services.

The interactions between Practitioners and Users are solely the responsibility of those parties. The affected person is solely responsible for any claims, injuries, diseases, damages, liabilities, or expenses (collectively, “Claims”) stemming from such interactions or visits to any Practitioner. You consent to not bringing legal action against VitalityVille or holding us accountable for any such Claims. We disclaim any responsibility for the services offered by Practitioners through the platform and/or our services and have no control over the information contained in any user profiles. As a result, the User uses any services gained from a Practitioner through the site at their own risk. Nothing made available, uploaded, or accessible through our services is meant to practice medicine or give medical care, and nothing on it should be taken as such.

 

HEALTH WARNING AND PRECAUTION:

The Services are not intended to be used for diagnostic procedures, including giving you advice on which medications or therapies might be best for you. Any advice on drug treatment offered through the Platform should be ignored. You are strongly encouraged to use the Platform with extreme caution and prudence.

By using the Platform, you affirm, confirm, and acknowledge that you comprehend that an in-person consultation with a competent and licensed expert cannot be replaced by the Services. It is strongly advised against relying only on this Platform to make decisions about your health or wellbeing. Due to any information or advice you obtain on the Platform, you should never disregard, avoid, or put off consulting a healthcare provider or your doctor.

All content provided by Practitioners, sponsors, or other Users on the website or Platform is provided for informative purposes only and may not be appropriate for all users or indicative of efficacy, success, or consequences. You do so fully at your own risk if you decide to rely on any information from the Platform.

While we take steps to ensure the authenticity of the information supplied by Practitioners, including specifics regarding their medical training, licenses, certifications, credentials, or backgrounds, we cannot guarantee it. We do not advocate or promote any Practitioners, and we make no guarantees or promises about the accuracy of the information they may offer or the caliber of the services they may deliver.

 

CLASS ACTION AND JURY TRIAL EXCLUSION:

You cannot participate as a plaintiff or class member in any proposed class action, collective action, private attorney general action, or other representative process on behalf of any individual or entity, regardless of their motivation for using or receiving the Service. This waiver covers class arbitration, and the arbitrator may not consolidate more than one claim from distinct parties unless both parties agree otherwise. You and VitalityVille concur that an individual claimant may only receive relief from the arbitrator, and only to the degree necessary to address that claimant’s claim(s). Other users of VitalityVille won’t be impacted by any relief offered. You and VitalityVille have agreed to forego the right to a jury trial as well as the right to bring, join, or take part in any class action, collective action, private attorney general action, or comparable representative procedure as a plaintiff or class member by entering into this agreement.

 

TERMINATION OF ACCOUNT:

You have the choice to request cancellation of Your Account whenever you want and for any reason.

VitalityVille, on the other hand, reserves the right to revoke your Account and your access to the Service, or to particular parts of the Service, at any time and for any reason. Please be aware that VitalityVille is under no obligation to provide you with a notice or a warning before such termination occurs. You can consequently lose access to your Account and all of the related information and data as a result of termination. Please be advised that VitalityVille is under no obligation to make up any losses suffered as a result of such termination.

 

INDEMNIFICATION:

You acknowledge that you will defend and indemnify VitalityVille, its affiliates, subsidiaries, officers, directors, board members, board advisors, employees, partners, agents, successors, and assigns from and against any losses, liabilities, claims, demands, damages, costs, and expenses, including reasonable legal fees. This protection covers any issues connected to:

• Your access to and usage of the Service.
• Your breach of any provision of these terms.
• Any rights of a third party, such as copyrights, property, privacy, or third-party agreements, that you have violated.
• whatever you produce or distribute through the Service.

Anyone who makes use of the Service on your behalf or through your Account is included in the term “you” in this context.

 

LIMITATION OF LIABILITY AND DISCLAIMER:

On a “as is” and “as available” basis, the Service is offered. The Service is used totally at the user’s own risk. The Service is given without any guarantees, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a specific purpose, or non-infringement to the fullest extent permissible by applicable law. No warranty shall be created by any information or advice you may acquire from VitalityVille or through the Service that is not clearly stated in these Terms. Furthermore:

• The completeness, dependability, or correctness of any Content is not guaranteed by VitalityVille, its subsidiaries, affiliates, or licensors.
• VitalityVille makes no promises that the Service will be safe, uninterrupted, or suitable for your needs at any particular time or place.
• VitalityVille makes no promises that any flaws or mistakes will be fixed.
• The absence of viruses or other dangerous elements in the Service, Platform, Content, or other VitalityVille Material is not guaranteed by VitalityVille.
• Any harm to your computer system, mobile device, or loss of data resulting from your use of the Service is strictly your responsibility.

Furthermore, VitalityVille makes no representations or warranties regarding any other websites or services that are linked to from the Service, including any material or content that may be advertised or offered by third parties. No loss resulting from the following will be covered by VitalityVille ‘s liability or responsibility:

• User mistakes including lost passwords, poorly written transactions, or misspelled addresses.
• loss of data or server failure.
• damaged data files.
• application access that is not authorized.
• unauthorized third-party actions, such as the employment of malware, phishing scams, brute-force attacks, or other attack methods.
• external transactions, including those involving digital currency.

 

LIABILITY LIMITATION:

VitalityVille, its affiliates, agents, directors, suppliers, or licensors shall not be liable for any affiliate, punitive, incidental, special, consequential, or exemplary damages to the fullest extent permitted under applicable law. The use of, or inability to utilize, the Service may result in damages such as, but not limited to, loss of profits, goodwill, usage, data, or other intangible losses. VitalityVille will never be held accountable for harm, loss, or damage brought on by unauthorized access to or use of the Service, your Account, or the data included therein. VitalityVille disclaims all responsibility and liability for:

• Content problems, inaccuracies, or errors.
• Property or personal injury resulting from access or utilizatiaon of the Service.
• Unauthorized use of our secure servers, where we keep personal data, or access to such servers.
• Interruptions to or from the Service is interrupted, or stops altogether.
• Digital infections, Trojans, or other similar items spread by outside sources.
• Any Content mistakes or omissions.
• User data or the harmful, unlawful, or libelous actions of third parties.

Despite any contrary clauses, VitalityVille’s total cumulative liability resulting from or connected to this Agreement, access to and use of the Service, Content, VitalityVille Material, or any goods or services bought on the Service shall not exceed $200. Even if VitalityVille has been informed of the risk of such loss, this limitation of liability is applicable regardless of the legal theory used to establish liability, including contract, tort, negligence, strict liability, or any other theory.

You might not be covered by the aforementioned exclusions or limitations because certain countries do not allow the exclusion or limitation of incidental or consequential damages. You have some legal rights under this Agreement, and depending on the law in your jurisdiction, you might also have other rights. To the extent prohibited by applicable legislation, the disclaimers, exclusions, and limitations of liability in this Agreement will not apply.

 

GENERAL PROVISIONS:

• Governing Law: Without respect to principles of conflicts of law, this Agreement and your use of the Service are governed by the laws of the Province of Ontario.
• Fee Responsibilities: Depending on the type of dispute, either you or VitalityVille can be in charge of paying a variety of costs related to the arbitration procedure.

The procedure for arbitrating conflicts between you and VitalityVille is described in this section under “Dispute Resolution; Arbitration.” Numerous topics are covered, such as different sorts of disputes, dispute settlement processes, and the function of the arbitrator.

• Binding Arbitration: If a dispute cannot be settled amicably, the parties agree to submit it to the Canadian Arbitration Association (CAA) for binding arbitration in accordance with certain regulations. Except as otherwise agreed by you and VitalityVille, the arbitration shall take place in the Province of Ontario.
• Opt-Out: Within 20 days of accepting this Agreement, you may email VitalityVille at support@vitalityville.com to reject and/or opt-out of this Arbitration Agreement. Other provisions of this Agreement are unaffected by opting out.
• Small Claims Court: If you’re an individual using the Service for non-commercial purposes, you can file a claim there; but, this does not excuse you from using informal conflict resolution procedures.
• Informal Resolution: Prior to using arbitration, you agree to make efforts to reach an amicable agreement with VitalityVille.
• Exclusive Arbitration Authority: The Arbitrator is the only person with the power to decide disagreements involving the creation, interpretation, application, or enforceability of this Arbitration Agreement.
• Injunctive and other equitable relief: You understand that VitalityVille’s rights and responsibilities under these Terms are special and incomparable, and that losing such rights could cause VitalityVille immediate and irreparable injury. Therefore, VitalityVille may seek injunctive or other equitable action without the need to deposit a surety in the event of any violation by you or an anticipated breach by you. You renounce your right to request equitable or injunctive remedy.
• Exception for Injunctive remedies: If VitalityVille seeks injunctive or equitable remedies to stop actual or threatened violations of data security, intellectual property rights, or other proprietary rights, some disputes may be excluded from arbitration.

This clause limits your rights to take part in class actions or jury trials and specifies that any disagreements between you and VitalityVille must be resolved through arbitration. It also offers a defense for requesting injunctive relief for the general public.  All claims other than those involving public injunctive relief must be resolved through arbitration, even if the class action/jury trial waiver is voidable for those claims exclusively.

• Complete Agreement: Except as otherwise provided by VitalityVille in writing and displayed on the Service, these Terms are the entire agreement governing your use of the Service and all other related matters. When you make use of affiliated or third-party services, content, or software, additional terms and conditions can be included.
• Waiver: VitalityVille’s omission to enforce any right or provision in these Terms does not imply that such right or provision has been waived. No waiver of any breach or default under these Terms by either party shall be deemed a waiver of any preceding or succeeding breach or default.
• Severability: The parties agree that, in the event that any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court shall endeavor to give effect to the parties’ intentions as represented in such provision. The remainder of the Terms’ clauses will continue to be in full force and effect.
• Course of Dealing/Trade Practice: Neither the parties’ prior dealings with one another nor common business practices will affect these Terms. You may not assign these Terms without VitalityVille’s prior written agreement, but VitalityVille is free to do so. Subject to the foregoing limitation, these Terms will bind and benefit the parties hereto and their respective successors and assigns.
• Documentation of Compliance: In order to demonstrate your compliance with these Terms, you must provide VitalityVille with any justification, substantiation, or releases that may be required.
• International Use; Export Controls: Canadian export laws may apply to the software that is connected to the Service as well as the transmission of pertinent data. You acknowledge that using any software obtained from the Service in contravention of Canadian export laws is prohibited. Additionally, you agree to abide by any and all local laws and regulations that apply to your use of the Service, such as those governing acceptable online behavior and content.

You consent to the Terms not being interpreted against VitalityVille just because they were written by them.

• Defenses Relating to This Agreement’s Electronic Format: You hereby waive any defenses relating to this agreement’s electronic format and the parties’ failure to sign their respective signatures thereto.
• Survival: The provisions of these Terms that by their terms should continue to be in effect after termination will remain in effect.
• Contact: You can reach us if you have any issues regarding the Terms at support@vitalityville.com.