Vital-Side Terms

Privacy Policy


Vital-Side, LLC - Privacy Policy

Last Revised on December 02, 2020

Our Commitment to Online Privacy

At Vital-Side, LLC (“Vital-Side,” “us,” “we,” “our”), we care about our users' online privacy (“you,” “your,” “user,” ). That is why we have this Privacy Policy (the “Policy”) to ensure that you understand what we are doing with your personal information and to remind you that you have rights when it comes to controlling what is shared online.

Please note that this Policy is subject to our Terms of Use Agreement (“ToU”). There are terms in the ToU that materially affect your right to bring a lawsuit against Vital-Side in regards to this Policy, and as such, you should read the ToU in addition to this Policy.

We know these privacy policies and ToUs are not very exciting. However, by continuing to use our online services, you agree to let us use your information in the ways set out in this Policy and agree to the terms set out in our ToU, which is why you really should stick it out and read the whole thing. We believe our privacy practices are first-rate! But, if you disagree, we will be sad to see you leave.

Services this Policy Covers

This Policy covers the online services owned by Vital-Side, including this website www.vital-side.com, our social media accounts, and all services available through our website including our at-your-own-pace information programs, blogs, guidebooks, guided meditations, community forums, virtual group coaching classes, and virtual private coaching classes (the “Services”). This Policy does not cover the practices of companies that are not owned by Vital-Side. Sometimes, we may display a link to another company’s website or online services or host Services or allow Services to be paid through a third-party platform such as Teachable, Klarna, and Shop). When you click on one of these links, you are leaving Vital-Side, and this Policy no longer applies. We recommend reading these companies own privacy policy to ensure that you understand how they are using your information. Please note that Vital-Side’s Services do not fall under any requirements of the Health Insurance Portability and Accountability Act (HIPAA).

What Is Personal Information?

Personal Information is any information that may allow for an individual to be personally identified. For example, your name, email address, social security number, phone number, residential address, and credit card details are considered personal information. Other information, such as your interests, birthdate, economic status, customer number, IP address, geolocation, education, and job title, may also be considered personal information if that information, when combined with other information, is used to reveal your identity.

Personal Information Vital-Side Collects

We only collect personal information from you when you voluntarily consent for us to use such information. You voluntarily consent for us to collect, use, and store your personal information by:

  • Directly providing the information to us: Sometimes we may ask for specific information from you to effectively provide our Services or help you with a particular inquiry, and sometimes you may choose to give us information on your own accord. Both of these are examples of when you consent for us to collect, use, and store your personal information. Specifically, you consent for us to use the information you have provided when you reach out to us by email or our social media accounts, use the “contact us” form on our website, fill out any client intake form, interact with our support or customer service teams, purchase any Services, sign up to become a Vital-Side member (passwords are encrypted), participate in any Services, post in our community forum, or comment on our blog or social media accounts. If you have decided to share sensitive information with us during our private coaching sessions, we always treat this information as confidential and do all in our power to ensure that this information is stored and processed securely. It is also wise to remember that our community forum, blog, and social media accounts are accessible to others, and any information posted by you on such “Social Services” are therefore accessible to others.
  • Interacting with our Services: You also permit us to collect information such as your IP address, browser type, geolocation, device type, the frequency of visits to our Services, and network connection type while you use our Services. We use cookies and third-party services, such as Google Analytics to help us collect this information. You are made aware that we are collecting this information by the pop-up box that appears on our home page that directs you to this Policy. This information is only delivered to us in a pseudonymized and aggregate form. This means we will never be able to pinpoint that it was you who visited our website 55 times in one day – not that anyone could blame you! However, you should be aware that in some circumstances, we may be legally required to hand over this information to law enforcement or regulatory authorities, who may then use this information to reveal who you are.

Did Someone Say Cookies!?

Cookies are small files that we transfer to your computer’s hard drive through your browser.

  • Types of cookies we use: We use both session cookies, that are erased once you exit your browser, and persistent cookies, that stay on your device for a set period of time or until you manually delete them.
  • Why we use cookies: We mainly use cookies to ensure our Services operate smoothly. As mentioned earlier, we also are a little nosey and use them to give us insight into things like the number of visitors to our website, type of devices being used to access our website, how visitors ended up on our website, and the general geographic area they are located. As you have probably heard, cookies may also be used to display advertisements that are relevant to your interests. We sometimes use targeted advertising on our website and through other platforms such as Facebook and Instagram. Targeted advertising works by cookies collecting information about your interests and online habits. We use targeted advertising in an effort to market to audiences that we hope may be interested in our Services. That is why you may see some ‘paid’ or ‘sponsored’ advertisements from Vital-Side while using our website and other social media platforms. We don’t currently sell any targeted advertising to other third-parties; we simply use targeted advertising for marketing our own products.
  • Can I block cookies? Most browsers have an option to stop your computer from accepting cookies or to stop certain types of cookies from being activated. If you decide to block cookies, our website may not operate properly, and you may not be able to access some of our online features. If it is the targeted advertising that you are mainly concerned about, you can choose to specifically opt-out of targeted advertising by going to the following links:

Facebook - https://www.facebook.com/settings/?tab=ads
Google - https://adssettings.google.com
Digital Advertising Alliance - http://optout.aboutads.info/

You can check out www.allaboutcookies.org to learn more about the cookies!

What About My Credit Card Information?

We love being able to accept credit card payments online. It’s convenient, quick, and easy to use. However, we understand that giving out your credit card information online can sometimes leave you feeling a little exposed. We only use PCI compliant third parties to process credit card transactions, and we never personally see your credit card information. Currently, we are using Shop to process credit card transactions.

Reasons Vital-Side Collects Personal Information

In these George Orwellian times, we think it is important to point out that we are no Big Brother company. We never collect your information for the purpose of selling, renting, trading, or otherwise abusing it. We only use your information for the following reasons:

  • To personalize our online features and content;
  • To fulfill or enforce a contract that you have entered into with us;
  • To help you efficiently access your information;
  • To improve, monitor, and test our Services and new products or features;
  • To prevent, investigate and address the misuse of our Services;
  • To learn about the types of people that are using our Services and how we can better market to those people;
  • To allow you to contact us;
  • To let you know that you have abandoned a cart item;
  • To allow you to pay for Services;
  • To allow you to participate in social sharing;
  • To allow you to access and participate in our Services;
  • To respond to your inquiries and fulfill your requests;
  • To comply with law enforcement and other regulatory authorities;
  • To communicate with you about our Services and features; and
  • For other legitimate business interest reasons.

Sharing Your Information with Other Humans

Although we try to limit who we share your information with, there are situations where sharing is necessary for our legitimate business purposes. We share your information with third parties in the following ways:

  • Agents: At Vital-Side, we sometimes need to use other trusted companies and individuals to help us. Whenever a company or individual is working for us, they are acting as our agent. Sometimes our agents may need to access your personal information for a particular task, but they do not have the right to use your personal information beyond what is necessary and must comply with our privacy practices.
  • Third-Party Software and Apps: We use a number of third-party software and apps to make our jobs a little easier. Some personal information may be stored, processed, or shared with these apps.
  • New Owners: In the unlikely event that Vital-Side is involved in a bankruptcy, merger, acquisition, reorganization, or sale of major assets, your information may be sold or transferred as part of that transaction. We will give you notice before there is a substantial change in our ownership and before any transfer of your personal information occurs.
  • Law Enforcement: We may sometimes be required to share your personal information with law enforcement. We will only share your information when we believe, in good faith, that sharing your information is necessary to protect our business or our clients. Examples include where a legal warrant or subpoena has been issued to us, where we must report information due to a belief that fraud or misuse of our Services has occurred, or where our property or safety, or a client’s property or safety, is at risk. In fraud cases, we may also be required to share your information with investigatory authorities and banks.
  • Marketing: We may share information that you publicly post on the Vital-Side forum, such as progress reports and opinions on how Vital-Side’s Services have helped you, for our marketing and publicity purpose. We always anonymize posts used from the forum and we never use this information if it includes personal details or health information unless we have expressly received your permission to do so. We also may share, repost and market any information about Vital Side’s services that you post publicly on third-party platforms such as Instagram, Facebook and Google Reviews.

Email Policy

  • Emails you can opt-out of: At Vital-Side, we love to keep you updated on what is happening with our business and new Service offerings. If you are receiving these types of emails or other marketing emails, it means that you consented to receive these emails either by clicking an opt-in box or by otherwise letting us know that it was all good for us to use your email address in this way. Of course, you are always free to opt-out of these emails by simply clicking ‘unsubscribe.’
  • Emails you will not be able to opt-out of: Sometimes, you won’t have the option to unsubscribe from emails that we send you. This will only happen if the email contains an important message that needs to be delivered to you. For example, we may send emails to let you know that you have an upcoming appointment, update you on changes to this Policy, or confirm that a payment has been made.

Personal Information Retention and Your Rights

At Vital-Side, we only keep your personal information for as long as necessary to provide our Services. Depending on your residency, under the law (such as the California Consumer Privacy Act and EU General Data Protection Regulation), you may also have the right to request at any time for us to:

  • Give you access to any personal information that we have processed;
  • Correct any personal information that may have been incorrectly processed;
  • Delete your personal information from our storage systems;
  • Transfer your personal information to another service, when technically feasible; and
  • Stop using your personal information in specific ways by withdrawing the consent you have given us.

Regardless of whether we are obligated under the law or not, if you would like us to do any of the above, you can contact us using the information provided at the end of this Policy. We will do our best to try to fulfill your requests. However, sometimes we may be required to retain your information to comply with our administrative, legal, and/or regulatory obligations. For example, we may be required to keep a history of transactions to report our taxes or may need to retain some information for law enforcement purposes such as fraud monitoring, detection, and prevention. 

Where Your Information is Processed and Stored

Vital-Side is a business that is formed and operated in the United States. However, in addition to storing information directly onto our hard drives, we also use some third-party cloud storage systems and apps to ensure that your information isn’t lost. These third parties may store and transfer your information outside of the United States.

Liability for Third-Party Software & Apps

We always use our best efforts to pick the cream of the crop when it comes to using third-party software and apps. We make sure to check out the third party’s security standards before storing, sharing, and processing your personal information with them. However, we are not liable for any breach of privacy or data security that occurs due to the fault of these third parties.

Keeping Your Information Safe

We have physical, electronic, and managerial systems and procedures in place to help keep your information under lock and key. Unfortunately, no online system can guarantee the complete security of your personal information. Issues such as pesky viruses or system failures may result in your personal information being compromised. You can help prevent unauthorized access to your information by using antivirus software, limiting access to your personal computer, and creating strong passwords. In the unlikely event that your personal information is compromised due to a security breach on our end, we will be sure to notify you, in accordance with the law, as soon as reasonably possible.

Protection of Children

Our Services are not directed or intended for children under 18 years, and all children between the ages of 13 and 17 must have permission from their parents or guardian to access our Services. We do not knowingly collect personal information from anyone under the age of 13 and delete this information as soon as we become aware of it. If you live outside of the United States, your country may apply stricter age limits. In some cases, even if you are older than 13, you may not be legally allowed to access our Services regardless of having parental permission.

Changes Made to This Policy

We may modify this Policy from time to time. The date at the top of this Policy lets you know when this Policy was last revised. If we make a change to this Policy that we believe materially affects the way we use your information, we notify you of the change via email. It is important to check back here occasionally to make sure you have read the latest policy. By continuing to access or use our Services after the policy changes, you allow us to use your information in the way we describe in our updated policy.

Dispute Resolution

We will always try to resolve your concerns about our privacy practices promptly and hope that together we can find a solution without involving costly legal channels. However, if we cannot come to an agreement, by using our Services, you agree to binding arbitration, rather than formal court proceedings, to have the matter resolved. You can read more about this process in our ToU. THE DISPUTE RESOLUTION TERMS IN OUR TOU MATERIALLY AFFECT YOUR ABILITY TO BRING A LAWSUIT AGAINST US; PLEASE READ THESE TERMS CAREFULLY

Additional ToU Terms

This Policy is subject to terms stated within our ToU. Specifically, this Policy is subject to all clauses in our ToU regarding warranties, limitation of liability, indemnification, assignment, waiver, severability, applicable law, jurisdiction, entire agreement, and any other ToU provisions that logically ought to apply to this Policy

Contact Vital-Side

In this Policy, we have tried our best to lay all our privacy practices out on the table for you. However, if you ever have any questions, concerns, requests, or comments about how we use your information or any other question relating to our ToU or Services, you can contact us by email at:


Vital-Side, LLC
lindsay@vital-side.com
3600 S Lamar Blvd
Austin, TX 78704

Participant Agreement


I warrant that I have read the Vital-Side LLC’s (“Vital-Side”) Terms of Use Agreement and Privacy Policy, and in accordance with such agreements, understand and voluntarily agree that:

  • I will keep (and be on time for) all my scheduled appointments with the Vital-Side team.
  • If I need to schedule or reschedule an appointment, I will give 24 hours’ notice. If I don’t give 24 hours’ notice before rescheduling, I am aware that there may be a late rescheduling fee. Vital-Side does not offer refunds for cancellations.
  • I will keep up to date with any payments, and I will not call or attend an appointment unless I have paid the amount necessary for services provided in full before our scheduled appointment.
  • I understand that Vital-Side is in no way a medical treatment program. Any results, information, or suggestions given will not be considered medical treatment in any way, and I agree that I will:
    • Communicate with my existing medical practitioner before and while engaging in Vital-Side services and continue any existing treatments prescribed to me;
    • Inform Vital-Side and my existing medical practitioners if my condition is exacerbated or worsened by any information provided by Vital-Side, seek emergency care as appropriate, and terminate Vital-Side services as necessary;
    • Let Vital-Side know if there are conditions that may prevent me from excelling in the program;
    • Disclose to Vital-Side any of my symptoms that could be harmful to myself or others; and
    • Assume all risks associated with engaging in Vital-Side services and not hold Vital-Side liable for side effects of Vital-Side’s services.
  • I am aware that Vital-Side is an experiential program. Information provided is for informational purposes only and represents the opinions formed by Vital-Side members based on experiences, the experience of others, and research of sources.
  • I will do my best to be open-minded about all new information learned in the program.
  • While there are no guaranteed results from using Vital-Side services, I understand that it is recommended that I commit a minimum of six months to healing my limbic system.
  • I will not sell or distribute learned information, handouts, packets, or any other materials from Vital-Side to others. I understand that if I do, my participation in the program will be stopped, and Vital-Side reserves the right to seek all remedies under the law.
  • I will treat the staff at Vital-Side and shared offices and any other members of group services or group forums respectfully. I understand that if I am disrespectful or disrupt others' care, my participation in the program will be terminated.
  • I understand that any information I give to Vital-Side is voluntary information and that although Vital-Side will keep information shared in one-on-one sessions confidential, anything shared in group services will not be treated as confidential. Further, I understand that Vital-Side’s services do not fall under the Health Insurance Portability and Accountability Act (HIPAA).
  • I understand that I may lose my right to participate in Vital-Side services, without refund, if I break any of the terms found in Vital-Sides Terms of Use Agreement or Privacy Policy.

Name: ________________________________________

Signature: _____________________________________                                             Date: ______________

I have read and understand Vital-Side’s Terms of Use Agreement and Privacy Policy:
YES / NO

Terms of Use


Vital-Side, LLC

Terms of Use Agreement – Vital Side

 

Last Revised on December 02, 2020

This Terms of Use Agreement (“ToU”) is made between Vital-Side, LLC (“Vital-Side,” “we,” “us” or ”our”) and you, the individual choosing to use our online services (“you,” “your,” or the “user”).

Please note that our Privacy Policy is subject to this ToU. There are terms in the Privacy Policy that materially affect how your personal information is stored, accessed, and processed. As such, you should read our Privacy Policy in addition to this ToU.

Services this ToU Covers

Vital-Side is an alternative and holistic health business that offers neuroplasticity based healing programs and informational awareness surrounding chronic illness recovery. We provide online services, including at-your-own-pace information programs, blogs, guidebooks, guided meditations, community forums, virtual group coaching classes, and virtual private coaching classes (the “Services”). This ToU covers all of our Services available through our website www.vital-side.com, general content on our website www.vital-side.com and our social media accounts.

Services This ToU Doesn’t Cover

We love supporting our partners, and to show our appreciation, we occasionally link to their websites and services. When you click on one of these links, you are leaving Vital-Side, and this ToU no longer applies. The way our partners or other third-parties do business is out of our hands, and we assume no responsibility for the content, privacy policies, or practices of any third-party website or service that we link to. It is also important to note that most of our Services are hosted and paid for through third-party platforms (such as Teachable and Shop), and you will be subject to such third-party hosting platform’s service policies.

Acceptance of ToU

We know these ToU’s are extremely boring. However, by purchasing any of our Services and engaging with the www.vital-side.com website or social media accounts, it is implied that you agree to comply and be legally bound by the terms set out in this agreement and our Privacy Policy, which is why you really should stick it out and read the whole thing.

 

Changes to Terms

From time to time, we may need to make changes to this ToU and may do so at any time. The date at the top of this ToU represents when this ToU was last revised. If we make a change to any terms that we believe in our discretion materially affects the way our Services apply to you, we will notify you in advance. It is important to check this ToU from time to time to ensure that you are all caught up to date. By continuing to access or use our Services after a change has occurred, you agree to be bound by our updated ToU.

Conditions Before You Access Our Services

Our Services are not targeted or intended to be used by people under the age of 18. All children between the ages of 13 – 17 must have permission from their parent or guardian before accessing our Services. Additionally, to purchase any of our Services, you must be over the age of 18 and be authorized to use our Services and enter into this ToU if you are acting on behalf of a company.  

User Accounts

Simply here to browse our Services or website, comment on our blog, or purchase a one-off Service? Go right ahead – no account is needed directly with Vital-Side (although you can choose to sign up with third-parties where appropriate such as Teachable, Klarna, and Shop)! However, if you wish to purchase a Vital-Side Membership that gives you access to discounted programs, live virtual group classes, and our community forum, you will be required to create an account with us. To register for an account, you will be required to provide us with personal information such as your email address, name, and password. Any personal information you provide to us will be treated according to our Privacy Policy.

Suspension and Termination of Your Account

  • Involuntary Suspension or Termination of Your Account

Vital-Side will make best efforts to notify you if we have a reason to believe that you have violated this ToU and may issue you a written warning outlining the behavior that we believe is in violation. However, we reserve the right to suspend or terminate your Vital-Side account, prevent access to our Services, and/or remove you from the community forum without warning.

 

  • Voluntary Termination of Your Account

You are free to delete your account at any time voluntarily. Your Vital-Side account may be terminated by requesting via email for Vital-Side to terminate your account manually, and you are also free to leave the community forum at any time. To delete any account created through third-parties such as Teachable and Shop, you will need to reach out to them directly. Deleting your account will mean that you will no longer have access to the membership page or other Services provided by Vital-Side. Vital-Side cannot guarantee that all information that you have previously provided to Vital-Side will be deleted along with your account. We will be sad to see you leave!

 

Single-Use License

Vital-Side grants to each purchaser a single-use personal license for the specific Service they are purchasing. As such, Services are only intended to be used by one person (the purchaser) for personal non-commercial purposes. If you wish to use Services for additional purposes such as third-party educational forums, you must contact us directly to discuss direct licensing options. This license is non-exclusive, meaning that other people will be able to purchase our Services. To be clear, you also cannot resell, lease, duplicate, license, sub-license, redistribute, share, or offer for free any of our Services to any third party, marketplace or public forum.

Pricing and Billing

Vital-Side’s Services are offered on a single purchase basis or subscription basis, depending on the Service being purchased.

  • Single Purchases: All single purcahse payments are due in full upon purchase
  • Subscription Services: Subscription services are set on an automatic, recurring, periodic basis (a “Billing Cycle”). You must request for your subscription to be canceled at least five calendar days before your next Billing Cycle by emailing lindsay@vital-side.com.

You can find the cost of our Services clearly marked on the Service that you are looking at on our website and payment plans are available through the third-party platform Klarna. There may be times when we need to make changes to our pricing; as such advertised prices are not guaranteed until a purchase has been made. If we make a price change to a subscription service, we will provide you with reasonable notice and give you the opportunity to cancel your subscription before the new subscription price comes into effect. We use PCI compliant systems to process credit cards used to purchase Services and are currently using Shop; this means we never personally see or store your credit card information.

Scheduling, Rescheduling, and Cancelling Services

Once a purchase for a Service has been made, you will not be able to cancel your purchase (except for Subscription Services, see above), and Vital-Side will issue no refunds unless we decide in our sole discretion to offer such a refund. If you need to schedule a specific appointment as part of a Service, we will come to a mutually agreeable time for such an appointment. Appointments will not be made until all payments have been received. If you need to reschedule a specific appointment, please give Vital-Side at least forty-eight (48) hours’ notice, or we reserve the right to deem the Services canceled or charge an additional rescheduling fee. All rescheduled consults must occur within sixty (60) business days of the initially scheduled date, or we reserve the right to deem the consult canceled.

Service Availability

We cannot give any assurance that any particular Service will be available or remain available for purchase. We reserve the right to remove Services, change Service content, and cap the number of users permitted to access a Service at any time without notice.

Getting Access to Your Services

Upon purchasing one of our Services, you will receive a confirmation email from Vital-Side with instructions on how to access our Services. If you are having issues getting access, please email us at lindsay@vital-side.com

Community Forum and Group Class Guidelines

Vital-Side allows users to comment on our blog posts and offers for purchase access to a private community forum and private group classes (the “Social Services”). The purpose of these Social Services is to allow for questions to be asked and to facilitate a community.

To ensure that these Social Services are enjoyable for everyone, we have established some ground rules to follow. Vital-Side will not be liable for any content posted or communicated on these Social Services, but we may, as an administrator, delete content or remove users that, in our discretion, we find inappropriate (remember, the internet is forever).

  • Please don’t:
  • Use the Social Services to spam or send unsolicited commercial posts;
  • Share, upload, copy, distribute, exploit or otherwise make available for commercial use any content that is not solely owned by you or that you have not secured the rights in;
  • Post content or communicate in a way that infringes or violates the rights of any third-party, including, without limitation, any intellectual property rights, rights of privacy, rights in contract, rights of publicity, or rights in confidential information;
  • Post content or communicate in a way that is unlawful, abusive, unfairly critical, defamatory, pornographic or obscene; or
  • Post content or communicate in a way that promotes or incites violence, terrorism, illegal acts, discrimination, or hatred based on race, ethnicity, cultural identity, religious belief, disability, gender, identity, or sexual orientation.

 

  • Please do:
  • Share tips and experiences on how to optimize Vital-Side Services;
  • Give constructive feedback on how Vital-Side can improve our Services;
  • Ask questions about Vital-Side’s programs and training;
  • Be respectful and open-minded;
  • Network and make friends; and
  • Be a nice human!

Confidentiality & Sensitive Information

  • Private Coaching Services: During private coaching services with Vital-Side, we will treat all sensitive and private information as confidential and agree not to share such information with third parties outside of Vital-Side unless necessary under the law or to protect you or others.

 

  • Social Services: Vital-Side encourages all participants in Social Services to treat other people’s information in the same way that you would like for your information to be treated, and not share another’s sensitive or personal information with any third party outside of the group. However, Vital-Side cannot and does not guarantee that information provided during such Social Services will be kept confidential. As such, you understand that any information provided may be subsequently shared with other third-parties.

Any Information collected during Services such as notes and client information is subject to limitations in our Privacy Policy.

Informational Opinion Only

Vital-Side’s Services are strictly informational in nature and are not intended to serve as medical advice. Services and information provided are experimental and only represent the opinions of Vital-Side based on personal experience, the experience of those Vital-Side have worked with, and independent research. We make no guarantees regarding the success of the techniques, tips and advice given as part of our Services, but do highly recommend that you commit a minimum of six months to our Services before deciding whether our Services are right for you.

Assumption of Risk

You acknowledge that the Services provided by Vital-Side may be physically and emotionally strenuous and may result in accident, injury, or worsening of any existing physical or mental impairment. You assume all risks and responsibilities connected with and arising out of your participation in our Services and are solely responsible for consulting with a medical physician and other relevant professionals prior to and regarding participation in any Services to ensure your physical and mental health. If you have any physical, dietary, psychological, or psychiatric impairment before engagement in Services or develop any such impairment during or after engaging in Services, it is your sole responsibility to terminate Services and inform Vital-Side and your medical professional.

Help! I Need Tech Support

We will make reasonable efforts to address technology issues associated with our Vital-Side Services. However, some questions and support requests will need to be resolved through our third-party platforms, and we cannot guarantee that technical issues will be resolved effectively or efficiently.

Intellectual Property

While Vital-Side does not have any individual ownership over the content you share or post within our Social Services, we do retain ownership of all intellectual property in our programs, guides, blogs, website, and any other written provided materials, including copyrights, trademarks, service marks, and patents (including the registered trademark “Vital-Side” and the domain name “www.vital-side.com”). By granting you access to our Services, Vital-Side does not grant or transfer to you any other rights, title or interest, other than a single limited license per this ToU. You also do not have permission to remove or alter any intellectual property notices or Vital-Side branding that may be contained in our Services.

 

Publicity

You grant to Vital-Side a perpetual, worldwide, payment-free, irrevocable license to use, repost, republish and share any public reviews, posts, or commentary posted on any third-party platform (including Instagram, Facebook and Google Reviews) that you make about Vital-Side for our publicity and marketing purposes. Additionally, you allow for us to use anonymized progress reports, commentary and opinions shared in the community forum for marketing and publicity purposes provided such materials do not include personal details or health information.

Copyright Policy

Vital-Side respect’s the intellectual property rights of others. Our policy is to respond to and investigate any claim that content used in connection with our Services infringe on the copyright or other intellectual property rights of any person or entity. If you are a copyright owner or an authorized agent of a copyright owner, and you believe that content on our Services infringes on another copyrighted work, please submit your claim via email to lindsay@vital-side.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement. In accordance with 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act (DMCA), your claim must include:

  • an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on our Services where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized agent permitted to act on the copyright owner’s behalf.

Please be aware that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims relating to content that you report as being allegedly infringing in nature.

Representations and Warranties

  • Vital-Side’s Representations and Warranties

VITAL-SIDE’S SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” VITAL-SIDE MAY USE REASONABLE EFFORTS TO CORRECT ERRORS AND OMISSIONS IN OUR SERVICES. HOWEVER, VITAL-SIDE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT THAT THE LAW OF THE JURISDICTION PERMITS. VITAL-SIDE DOES NOT WARRANT THAT USE OF VITAL-SIDE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA WILL NOT BE LOST. VITAL-SIDE IS NOT RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH THIS TOU AND WILL NOT BE LIABLE FOR ANY ACTIONS THAT RESULT FROM YOUR NON-COMPLIANCE. VITAL-SIDE DOES NOT GUARANTEE ANY LEVEL OF SUCCESS WILL BE ACHIEVED BY YOUR USE OF OUR SERVICES. VITAL-SIDE’S SERVICES ARE INFORMATIONAL ONLY, AND YOU ACKNOWLEDGE THAT VITAL-SIDE HAS NOT AND WILL NOT RENDER ANY MEDICAL SERVICES TO YOU, INCLUDING WITHOUT LIMITATION, MEDICAL DIAGNOSIS OF ANY PHYSICAL OR PSYCHIATRIC CONDITION.

 

  • User Representations and Warranties

By using Vital-Side’s Services, you represent and warrant that:

  • You suffer from no physical, dietary, psychological, or psychiatric impairment that would limit your ability to participate in the Services or render you more susceptible to injury through participation in the Services and will inform Vital-Side if any such impairment occurs during or as a result of your engagement with the Services, and immediately terminate your engagement with our Services if such impairment occurs;
  • You have sought appropriate medical advice before engaging in our Services;
  • You are free to enter into and comply with this ToU and are not under any disability, restriction, or prohibition, contractual or otherwise, that prevents you from entering into this ToU;
  • You have read and agree to this ToU and our Privacy Policy and will not use Vital-Side’s Services for any fraudulent or inappropriate purpose or in a way that violates our policies;
  • You will not try to reverse engineer our website or software to circumvent our single-use license, non-downloadable content, or otherwise access content in a way that is inconsistent with this ToU; and
  • You will not violate our intellectual property rights in our Services licensed to you under this ToU.

 

Limitation of Liability

IN NO EVENT WILL VITAL-SIDE BE LIABLE FOR ANY CONTENT THAT YOU UPLOAD ONTO OUR SERVICES, THIS INCLUDES ANY CLAIMS ARISING AS A RESULT OF OBSCENE, NEGATIVE OR DEFAMATORY CONTENT, YOUR FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION, YOUR FAILURE TO KEEP PERSONAL INFORMATION CONFIDENTIAL OR YOUR FAILURE TO COMPLY WITH ANY OTHER LAWS OR THIS TOU. VITAL-SIDE WILL ALSO NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, CHANGES TO THE SERVICES OR PLATFORM, TEMPORARY OR PERMANENT SUSPENSION OF SERVICES, DAMAGE TO COMPUTER OR HARDWARE, SECURITY BREACHES, INTERRUPTION OF BUSINESS, LOST PROFITS, BREACH OF A THIRD-PARTY CONTRACT, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER RESULTING FROM AN ACTION UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF VITAL-SIDE UNDER THIS TOU EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO VITAL-SIDE FOR OUR SERVICES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, VITAL-SIDE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK AND HAVE BEEN REACHED DUE TO FUNDAMENTAL BARGAINING BETWEEN YOU AND VITAL-SIDE.

Indemnification

You agree to indemnify and hold Vital-Side harmless from any and all claims, losses, liability, damages, expenses, and costs (including attorney fees, mediation, arbitration, and court costs), resulting from:

  • any Services provided by Vital-Side;
  • any breach by you of this ToU;
  • any third-party claim arising from content that you have posted on Vital-Side’s Services, including, but not limited to, claims of copyright infringement, trademark infringement, right of publicity, rights of privacy, breach of contract, defamation, fraud, misrepresentation, inaccuracy, discrimination, abuse, pornography or obscenity; and
  • any activity related to your account.

Privacy, Cookies, and Data Protection

We care about your personal information; any personal information you provide to us is collected, stored, and processed by us and used according to our Privacy Policy. Our use of cookies and data protection systems are also explained in this policy.

International Users

Vital-Side’s Services are controlled, operated, and administered from our offices within the United States of America and are not intended to be subject to the laws or jurisdiction of any country outside of the United States of America. WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE APPROPRIATE, LEGAL, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES OF AMERICA. Those who choose to access Vital-Side outside of the United States of America do so on their own initiative and assume all risks associated with such access, including but not limited to any compliance with their particular jurisdictions’ laws and regulations and any United States export controls. We reserve the right to limit and modify our Services, in whole or in part, to any geographic location or jurisdiction we choose.

Dispute Resolution

THIS SECTION OF OUR TERMS AND CONDITIONS SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. PLEASE ENSURE THAT YOU READ THIS SECTION CAREFULLY AND FULLY UNDERSTAND THIS SECTION BEFORE USING AND ACCESSING OUR SERVICES. THIS SECTION WILL SURVIVE TERMINATION OF THIS TOU AND THE TERMINATION OF YOUR VITAL-SIDE ACCOUNT.

  • Letting Us Know About Complaints

At Vital-Side, we hope to work out any complaints or differences that we may have with you respectfully and calmly. If you have any concerns about the Services that Vital-Side has provided, please reach out to Vital-Side to let us know. If we cannot work out our differences together, then the following mandatory binding arbitration will apply to resolve the dispute.

 

  • Mandatory Binding Arbitration

If any controversy or claim arising out of, or relating to, this ToU, Vital-Side’s Services, our Privacy Policy, or any other legal agreement entered into relating to Vital-Side, cannot be amicably resolved, such controversy or claim will be determined by binding arbitration rather than in a court of law. Except that mandatory binding arbitration will not apply with respect to any claims relating to infringement or misuse of intellectual property or any legal dispute under USD 10,000.00 that would be more efficiently and cost-effectively resolved in a small claims court.

 

The binding arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (the “AAA”) and administered by the AAA. Arbitration must be commenced by filing a demand for arbitration with the AAA within one (1) year after the claim occurs or within one (1) year of the party asserting the claim becoming reasonably aware of the act or omission giving rise to the claim. If applicable law prohibits a one-year statute of limitations for asserting claims, claims must be asserted within the shortest period of time permitted by the applicable law. Except for attorney fees, all other costs associated with the arbitration will be shared equally between the parties, except where the AAA Rules provide otherwise. If an arbitrator determines a claim against Vital-Side to be frivolous or an opinion is found in our favor by the arbitrators, you agree to reimburse Vital-Side for all reasonable fees associated with the arbitration, including attorneys’ fees and arbitration costs.

 

  • Class Action Waiver

You agree to waive any right to participate in a class or representative action or proceeding and warrant that any claims brought against Vital-Side will be initiated only in your individual capacity. Any relief awarded by an arbitrator or otherwise will not affect other users of Vital-Side’s Services.

Assignment
You are not entitled to assign this ToU, in whole or in part, to another person, without the prior written consent of Vital-Side. Vital-Side reserves the right to assign this ToU, in whole or in part, to any third party at any time without notice, including but not limited to any individual or entity acquiring all or substantially all of the Vital-Side business or assets. However, we will do our best to let you know if there has been a substantial change in the ownership of Vital-Side.

Survival of Terms Beyond Termination

All provisions in this ToU that specifically state or logically ought to survive the termination of this ToU, or the termination of a user’s account, will survive such termination, including but not limited to payment obligations, intellectual property rights, warranties, indemnities, and limitation of liability clauses.

Waiver and Severability

No waiver by Vital-Side of any term or condition in this ToU will be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same or any other term or condition of this ToU or any other agreement. If any term or condition in this ToU is declared to be invalid, illegal or unenforceable, for any reason, the remainder of the provisions will remain in effect and will be enforceable to the fullest extent possible.

Applicable Law and Jurisdiction

Except where otherwise required by mandatory law, this ToU, as well as our Privacy Policy, are to be governed by and interpreted, constructed, and enforced in accordance with the laws of Texas without regard to conflict of law provisions. All disputes are to be resolved in the jurisdiction of Travis County, Texas.

Entire Agreement

This ToU and our Privacy Policy represent the entire and exclusive agreement between Vital-Side and our users. All previous written and oral agreements and communications related to the subject matter of this ToU or our Privacy Policy are superseded. Any additional agreement signed by users when they sign up for a specific Service is intended to be in addition and not in lieu of this ToU .

Contact Vital-Side

Thanks for your patience in getting through all of the necessary legal language of this document! We have tried to be as clear as possible in communicating our expectations regarding our Services. However, if you have any questions about this ToU, our Privacy Policy, or Vital-Side’s Services in general, just reach out! We would be more than happy to explain.

 

Vital-Side, LLC
lindsay@vital-side.com
3600 S Lamar Blvd
Austin, TX 78704