PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OF
THE SITES AND/OR SERVICES. BY ACCESSING OR USING THE SITES AND/OR
SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITES OR SERVICES AND SHOULD IMMEDIATELY
CEASE SUCH USE. WE MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE
ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA EMAIL.
YOUR USE OF ANY OF THE SITES AND/OR SERVICES FOLLOWING SUCH NOTICE
SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE AND/OR THE SERVICES SHALL BE DEEMED
YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF WE REQUEST, YOU
IRREVOCABLY AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT.
1. Limited License & Use of Services
We grant to you a limited personal, non-exclusive and non-transferable
right and license to access the Sites and use the Services thereon.
Unless otherwise specified in writing, the Services are for your
personal and non-commercial use.
Our Services shall contain, without limitation, online and offline
services and products, including articles, blogs, newsletters, tools,
email services, forums, communities, social networking platforms and
various other message communication applications.
2. Prohibited Activities
In connection with your use of the Sites and/or the Services, you acknowledge and agree that you will not: a. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites or the Services; b. access the Sites or Services by any means other than through the standard industry-accepted interfaces; c. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity; d. impersonate any person or entity, including without limitation, an Vibrance for LifeÂ® official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity; e. post or transmit any material that contains a virus or corrupted data; f. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; g. use of any Site or Services communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text); h. post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise; i. violate any applicable local, state, national or international law; j. upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; k. delete or revise any material posted by any other person or entity; l. manipulate or otherwise display the Sites and/or the Services by using framing or similar navigational technology; m. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any IW product or Service if you are not expressly authorized by such party to do so; or n. use the Sites and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other user’s use and enjoyment of the Sites and/or the Services. Furthermore, you may not attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems or networks connected to us through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services.
3. Billing and Renewal Transactions and Policies
Certain products or Services may be offered for sale on the Sites. In
the event you wish to purchase or to subscribe for any of these products
or Services, you will be asked by us or an authorized third party to
supply certain information, including without limitation, your full
name, address, telephone number and credit card information. You agree
to provide us or such third party with the foregoing information as well
as any other mandatory information that is accurate, complete and
current, and to comply with the terms and conditions of any agreement
that you may enter into governing your purchase of the product or
Service. You shall be responsible for all charges incurred through your
account as well as for paying any applicable taxes.
Some Services offered by us are subscription-based services. If you open
a subscription-based account with any of our Sites, you hereby agree to
pay all charges to your account, including any applicable taxes, in
accordance with billing terms in effect at the time the fee or charge
becomes payable. We reserves the right to change the amount of, or basis
for determining, any fees or charges for Services we provide, and to
institute new fees, charges or terms effective upon notice to
subscribers. We reserve the right to terminate any account at any time
for any reason.
Please note that we only accept credit card payments and do not accept
debit card payments at this time. You agree to notify us immediately in
writing or via email (at [email protected]) if you discover that the card number you provided to us when you signed up for membership is actually a debit card number.
Automatic Renewal Terms
Any subscription will be automatically renewed and your credit card will be automatically charged on a quarterly, monthly or weekly basis, depending upon the billing terms for your account, for as long as you remain a member. You agree that we will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card has been charged. Your right to use the Service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating this Agreement and all our obligations hereunder. You are required to pay any amounts still owed to us at the time your account is suspended or terminated. In the event you elect to terminate your subscription and we are notified accordingly by calling 973-218-1199, Monday through Friday, 9:00 AM to 5:00 PM EST, you shall be entitled to receive, on request, any refunds available to you. Terminations are not retroactive. If you terminate your membership after your membership period has begun, you will only be entitled to a refund for the unexpired portion of that membership period, less any applicable minimum charges. You may still be obligated to pay for other charges incurred. If you have an outstanding balance due on any account, you hereby agree that we may charge these unpaid fees to your credit card. To review the billing terms of your account, you may email [email protected].
4. Membership Area
We host membership areas on our Sites. Any user failing to comply with
the terms and conditions of this Agreement may be expelled from and
refused continued access to, the membership area or other public forums
in the future. We or our designated agents may remove or alter any
user-created content at any time for any reason. Membership areas and
public forums are intended to serve as discussion centers for users and
subscribers. Information and content posted within these public forums
may be provided by our staff, our outside contributors, or by users not
connected with us, some of whom may employ anonymous user names. We
expressly disclaim all responsibility and endorsement and make no
representation as to the validity of any opinion, advice, information or
statement made or displayed in these forums by third parties, nor are
we responsible for any errors or omissions in such postings, or for
hyperlinks embedded in any messages. Under no circumstances will we, our
affiliates, suppliers or agents be liable for any loss or damage caused
by your reliance on information obtained through these forums. The
opinions expressed in these forums are solely the opinions of the
participants, and do not reflect our opinions or any of our subsidiaries
We have no obligation whatsoever to monitor any of the content or
postings in the membership areas or on other public forums on the Sites.
However, you acknowledge and agree that we have the absolute right to
monitor the same at our sole discretion. In addition, we reserve the
right to alter, edit, refuse to post or remove any postings or content,
in whole or in part, for any reason and to disclose such materials and
the circumstances surrounding their transmission to any third party in
order to satisfy any applicable law, regulation, legal process or
governmental request and to protect ourselves, our clients, sponsors,
users and visitors.
Materials posted and/or uploaded to the various public forums may be
subject to size and usage limitations. You are responsible for adhering
to such limitations.
6. Third Party Content
Whenever content contained on any of the Sites or Services is supplied
by third parties and users, we are a distributor (and not a publisher)
of such content and have no more editorial control over such content
than does a public library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other information or content
expressed or made available by third parties, including information
providers, are those of the respective authors or distributors, and not
us. Neither we nor any third-party provider of information guarantees
the accuracy, completeness, or usefulness of any content. Furthermore,
we neither endorse nor are responsible for the accuracy and reliability
of any opinion, advice, or statement made on any of the Sites or
Services by anyone other than our authorized representative while acting
in his/her official capacity.
7. Contests and Games
We occasionally provide contests and games on its Sites. The rules,
regulations and procedures governing any of the foregoing shall be
accessible through a hypertext link prominently displayed on the web
page where the contest or game may be located. By entering or
participating in any of them, you agree to be subject to those rules,
regulations and procedures. Please remember to read the rules carefully
8. Accounts, Passwords and Security
If any of the Sites or Services require you to open an account, you must
complete the registration process by providing us with current,
complete and accurate information, as prompted by the applicable
registration form. You acknowledge that by providing any information to
us which is untrue, inaccurate, not current or incomplete, we reserve
the right to terminate this Agreement and your continued access and use
of the Sites and/or the Services.
As part of the registration process, you will be asked to select a
username and password. You are entirely responsible for maintaining the
security and confidentiality of your account and password. FURTHERMORE,
YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT,
WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You agree to notify us immediately of any unauthorized use of your
account or any other breach of security. We will not be liable for any
loss that you may incur as a result of someone else using your password
or account, either with or without your knowledge. However, you may be
held liable for any losses incurred by us or another party due to
someone else using your account or password.
9. Disclaimer Regarding Links
The links on any of the Sites and/or Services will let you leave the particular Site or Service you are accessing in order to access a linked site
(the “Linked Sites”) . We provide these links as a convenience, but we neither control nor endorse these Linked Sites, nor have we reviewed or approved the content which appears on the Linked Sites. We are not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
10. Dealings with Third Parties
Your participation, correspondence or business dealings with any third
party found on or through our Sites and Services, regarding payment and
delivery of specific goods and services, and any other terms,
conditions, representations or warranties associated with such dealings,
are solely between you and such third party. You agree that we shall
not be responsible or liable for any loss, damage, or other matters of
any sort incurred as the result of such dealings.
11. Proprietary Rights
You acknowledge and agree that the Sites and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of us or our licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning us or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, ” Submission Materials”) or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to us shall be fully paid-up and royalty free. In addition, under no circumstances shall we have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of our business through a merger, sale or transfer of all or substantially all of our assets, nor shall the sale of advertising on any of the Sites give rise to any obligation to pay a fee to Subscribers. None of the Submission Materials disclosed or posted via support groups, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any such Submission Materials.
12. Copyright Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you, or your agent may send to us a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon our actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Our Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: Vibrance for Life, 100 Connell Drive, Suite 2300, Berkeley Heights, NJ 07922, Telephone: 973-218-1199 E-mail for notice: [email protected] We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Our policy with respect to the collection and use of your personally identifiable information is set forth at https://howtoliveyounger.com/privacy-policy. By accepting these Terms and Conditions, you acknowledge this policy.
14. Disclaimer of Warranties
THE SITES AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, or (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SERVICES AND SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK.
15. Limitation of Liability
NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS
OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS
OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY
TO (i) THE USE OF OR INABILITY TO USE THE SITES OR THE SERVICES; (ii)
ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS
OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE
SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE
SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY
INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (vi) ANY DAMAGE
CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO
BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES OR THE SERVICES, or
(vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO
EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT , STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID
BY YOU, IF ANY, FOR USING ANY OF THE SERVICES OR THE SITES.
16. Professional Advice Disclaimer
THIS SITE OFFERS HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND IS
DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS
INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL
MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR
QUESTIONS ABOUT YOUR HEALTH, 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 READ ON THIS SITE. THE
USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY 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.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND WE MAKE NO WARRANTY OF
ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR
APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL
RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT
APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN
THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS
WITH RESPECT TO THE PARTICULAR MATERIAL.
You agree to indemnify, defend, and hold us and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to us or post on any forums (e.g., support groups, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Sites and/or the Services. This Section 17 shall survive in the event this Agreement is terminated for any reason.
18. Jurisdictional Issues
We make no representation or warranty that the content and materials on
the Sites and/or the Services are appropriate or available for use in
locations outside the United States. Those who choose to access the
Sites or use the Services from other locations do so on their own
initiative and at their own risk, and are responsible for compliance
with local laws, if and to the extent applicable. We reserve the right,
at any time in our sole discretion, to limit the availability and
accessibility of the Sites and/or the Services to any person, geographic
area, or jurisdiction we so desire, and to limit the quantities of any
such Service or products that we provide.
This Agreement shall remain effective until terminated in accordance
with its own terms and conditions. You agree that we, in our sole
discretion, may terminate your password, account (in whole or in part),
or use of the Sites or Services, and remove and discard any content
within the Sites, at any time and for any reason. You agree that any
actions taken under this Section 19 may be effective without prior
notice to you. In the event of termination, however, those Sections in
this Agreement which provide for continuing obligations on your part
shall survive indefinitely.
20. General Information
This Agreement constitutes the entire agreement and understanding
between you and us and governs your use of the Sites and the Services,
superseding any prior agreements between you and us. This Agreement and
the relationship between you and us shall be governed by and construed
in accordance with the laws of the State of New Jersey, without regard
to its conflict of law provisions. You and us irrevocably agree to
submit to the personal and exclusive jurisdiction of the federal and
state courts located within the county of Hudson, in the State of New
Jersey, and waive any jurisdictional, venue, or inconvenient forum
objections to such courts. The failure of us to exercise or enforce any
right or provision of this Agreement shall not constitute a waiver of
such right or provision. If any provision of this Agreement is found by a
court of competent jurisdiction to be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severed herefrom and
shall not affect the validity and enforceability of any remaining
provisions. The section titles in this Agreement are for convenience
purposes only and have no legal or contractual effect. This Agreement is
not assignable, transferable or sub-licensable by you except with our
prior written consent. However, we may assign this Agreement to any
third party whom we choose without your consent. No waiver by us of any
breach or default hereunder shall be deemed a waiver of any preceding or
subsequent breach or default.