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of Use. You may print and keep a copy of this Agreement. We may change our
this document accordingly (the date of the most recent change is displayed
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(including but not limited to articles, photographs, images, illustrations,
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Inc. ("Vitalityweb") or its licensors and is protected by copyright and other
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work under United States copyright law. Content received through this web
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You agree not to modify, reproduce, retransmit, distribute, disseminate, sell,
publish, broadcast, or circulate the content received through this web site
to anyone including, but not limited to, others in the same company or organization
without the express prior written consent of Vitalityweb with this one exception:
You may, on an occasional and irregular basis, disseminate an insubstantial
portion of content from this web site for a noncommercial purpose without
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provided you include all copyright and other proprietary rights notices with
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consent of Vitalityweb.com.
This web site may provide interactive features. Participants are responsible
for their own communications and the consequences of posting those communications.
Participants agree that they will NOT (and NOT permit others to) take the
following actions: (a) use the interactive features for any purpose in violation
of local, state, or national laws of any country; (b) post material that is
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The participant is responsible for determining what materials are protected
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with the terms of this agreement; (d) post material that infringes on any
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(h) disrupt the intended functionality of the interactive features; (i) post
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or directing Vitalityweb to disclose the identity of anyone posting any information
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with local, state, and national laws if necessary.
Screening and Monitoring
Vitalityweb does not screen communications in advance and is not responsible
for screening or monitoring material posted by interactive feature participants.
Although Vitalityweb may from time to time monitor or review postings, transmissions,
and the like, Vitalityweb is under no obligation to do so and assumes no responsibility
or liability arising from the content of any such communications nor for any
error, defamation, libel, slander, omission, falsehood, obscenity, pornography,
profanity, danger, or inaccuracy contained in any information within such
locations on the site.
Obscene, defamatory, threatening, harassing, abusive, or otherwise inappropriate
information is not allowed and will be removed if Vitalityweb has actual notice
of and reasonable grounds (as determined in good faith by Vitalityweb in its
sole discretion) to believe that the information is obscene, defamatory, threatening,
harassing, abusive, or otherwise inappropriate.
All unsolicited commercial advertisements are subject to removal from all
forums in Vitalityweb's sole and unlimited discretion.
Vitalityweb may require that participants create a screen name that represents
his or her onscreen identity. A screen name should only be used by its creator.
Impersonating another person is not allowed.
Any information, comments, or opinions posted in the interactive features
must be the original thoughts of the participant. The posting of information
that plagiarizes, violates, or infringes upon the right of any third party
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Non-original content may only be posted with the permission and due credit
of the third party.
Participants may post their e-mail addresses to allow direct discussion
between participants outside of the interactive features. Posts from participants
may contain links to sites on the Internet which are owned and operated by
third parties. Vitalityweb is not responsible for the availability of, or
the content located on or through, any external site. If you choose to proceed
to an external site, you proceed at your own risk. Vitalityweb does not represent
or endorse the accuracy or reliability of any content posted in any discussion
area and reliance upon such content shall be at your sole risk. Any content
placed in any interactive features by participants are the views of the participant
posting the statement and do not represent the views of Vitalityweb.
Interactive feature participants grant Vitalityweb a perpetual, royalty-free,
irrevocable, and nonexclusive license to use, reproduce, modify, publish,
translate, distribute, perform, and display materials posted by participants,
alone or as part of other works in any form, media, or technology whether
now known or hereafter developed, and to sublicense such material through
multiple tiers of sub-licensees. Furthermore, Vitalityweb is free to use any
ideas, concepts, know-how, or techniques contained in any communication participants
send to the Vitalityweb site for any purpose whatsoever including, but not
limited to, developing, manufacturing, and marketing products using such information.
Vitalityweb reserves the right to prevent users from accessing Vitalityweb
interactive features and to remove communications for any reason in its sole
and unlimited discretion including for violation of this agreement.
Vitalityweb, Vitalityweb.com, Backsport, Backsport Health Products, Vitalfoam,
are trademarks of Vitalityweb.com, Inc. Vitalityweb's trademarks may not be
used in connection with any product or service that is not Vitalityweb's,
in any manner that is likely to cause confusion among customers, or in any
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DISCLAIMER OF WARRANTIES AND LIABILITY
DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IS OBTAINED, AND THE INHERENT
HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES
IN SUCH CONTENT. VITALITYWEB AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT
AND DO NOT WARRANT THE ACCURACY, TRUTHFULNESS, RELIABILITY, COMPLETENESS,
CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE OF THE CONTENT AVAILABLE THROUGH VITALITYWEB. VITALITYWEB DOES NOT
ENDORSE ANY OPINIONS EXPRESSED BY PARTICIPANTS. PARTICIPANTS ACKNOWLEDGE THAT
ANY RELIANCE ON MATERIAL POSTED BY OTHER PARTICIPANTS WILL BE AT THEIR OWN
RISK. NEITHER VITALITYWEB NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL
BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY
OR INDIRECTLY FROM USE OF ANY VITALITYWEB WEB SITE, WHETHER CAUSED IN WHOLE
OR PART BY NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING,
INTERPRETING, REPORTING, OR DELIVERING ANY VITALITYWEB WEB SITE FEATURES OR
CONTENT. IN NO EVENT WILL VITALITYWEB, ITS AFFILIATES, AGENTS, OR LICENSORS
BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN BY USERS IN RELIANCE ON SUCH
FEATURES OR CONTENT. VITALITYWEB AND ITS AFFILIATES, AGENTS, AND LICENSORS
SHALL NOT BE LIABLE TO USERS OR ANYONE ELSE FOR ANY CONSEQUENTIAL DAMAGES,
INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR
LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF
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YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF VITALITYWEB, ITS AFFILIATES,
AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER
IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THIS WEB SITE OR
THE CONTENT IN THIS WEB SITE SHALL BE LIMITED TO TWO HUNDRED DOLLARS.
Mention of and links to third party companies and products are for informational
purposes only and constitute neither an endorsement nor a recommendation and
are not intended to suggest any affiliation unless expressly stated.
YOU MAY BE ABLE TO ACCESS OTHER INTERNET SITES NOT CREATED BY VITALITYWEB
OR ITS AFFILIATES THROUGH THIS WEB SITE. THE RELIABILITY, AVAILABILITY, LEGALITY,
PERFORMANCE, AND OTHER ASPECTS OF RESOURCES ON INTERNET SITES OTHER THAN THOSE
CREATED BY VITALITYWEB OR ITS AFFILIATES IS BEYOND VITALITYWEB'S CONTROL,
AND VITALITYWEB MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH
GOVERNING LAW AND JURISDICTION
YOUR USE OF THIS WEB SITE AND ALL RELATED RIGHTS AND OBLIGATIONS SHALL BE
GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF CALIFORNIA,
AS IF YOUR USE WAS A CONTRACT WHOLLY ENTERED INTO AND WHOLLY PERFORMED WITHIN
THE STATE OF PROCEEDING WITH RESPECT TO THIS WEB SITE OR ANY MATTER RELATED
THERETO MAY BE BROUGHT EXCLUSIVELY IN THE COURTS OF THE STATE OF CALIFORNIA
VENUED IN SAN DEIGO OR OF THE UNITED STATES OF AMERICA FOR THE STATE OF CALIFORNIA
VENUED IN SAN DIEGO. BY USING THIS WEB SITE, YOU ACCEPT GENERALLY AND UNCONDITIONALLY
THE JURISDICTION OF THE AFORESAID COURTS AND IRREVOCABLY WAIVE ANY OBJECTION
TO SUCH JURISDICTION.
Vitalityweb's use of individually identifiable information is governed by
Copyright © 1996-2002 Vitalityweb.com,Inc.
ALL RIGHTS RESERVED.
its affiliates ("Vitalityweb") and will be periodically assessed against its
customers' concerns, Vitalityweb's business objectives, industry standards,
the availability of applicable technologies, and other considerations. Vitalityweb
may change its privacy practices from time to time. If any such changes are
the most recent change is displayed at the top of this document).
VITALITYWEB COMPLIES WITH ALL APPLICABLE U.S. FEDERAL, STATE, AND LOCAL LAWS
GOVERNING THE USE OF INDIVIDUALLY IDENTIFIABLE INFORMATION.
Vitalityweb collects information from multiple sources, including electronic,
print, verbal and third-party sources. In addition, Vitalityweb may aggregate
information from multiple individuals and multiple sources to improve the
quality or expand the depth of the information collected.
Vitalityweb may use the information it collects, individually or aggregated
with other information, to improve its products and services, to customize
its products and services, to provide notice of updates to or new features
of its products and services and for other business purposes (for example,
providing individuals with notice of third-party products and services).
In addition to any options that may be made available when Vitalityweb collects
individually identifiable information, Vitalityweb may also provide a mechanism
for 'opting out' of having individually identifiable information shared with
unaffiliated third parties for unsolicited marketing. The availability of
such opt-out mechanisms may vary depending on the particular source of the
information collected and the extent that Vitalityweb has implemented the
technology and operational procedures necessary for the processing of opt-out
requests. Individuals may not be able to opt-out of uses specifically requested
or consented to, uses associated with the maintenance of accounts, or certain
other operational business uses. Note that additional communications from
third parties may continue after submission of an opt-out request while Vitalityweb
processes the request. Also note that your information may exist in multiple
lists within Vitalityweb and its technology may limit the processing of an
opt-out request to the specific list source related to the request. Information
received by third parties prior to Vitalityweb's receipt and processing of
an opt-out request will not be subject to the opt-out request.
January 16, 2002