Terms of Use
Effective Date: January 1, 2026
Last Updated: January 1, 2026
Your use of the website located at www.vitalconnect.com or any other websites and platforms on which these terms reside (collectively, the "Site"), including the features and services made available through the Site, is subject to these terms of use ("Terms"). Please read these Terms carefully before using the Site. The Site is owned, controlled, and operated by Vita Connect, Inc. ("VitalConnect", "us" "we", or "our"). BY ACCESSING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THIS SITE, USING ANY INFORMATION, AND/OR SUBMITTING INFORMATION TO VITALCONNECT, YOU AGREE TO AND ARE BOUND BY THE TERMS, CONDITIONS, POLICIES AND NOTICES CONTAINED IN THESE TERMS, INCLUDING, BUT NOT LIMITED TO, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION, AND A CHOICE OF Delaware LAW. The Terms should be read in conjunction with our Privacy Policy .
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE IN SECTION 8. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND VITALCONNECT AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND VITALCONNECT WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
NO MEDICAL ADVICE: THE INFORMATION DISPLAYED ON THE SITE IS NOT INTENDED FOR USE IN THE DIAGNOSIS OF DISEASE OR OTHER CONDITIONS, OR IN THE CURE, MITIGATION, TREATMENT, OR PREVENTION OF ANY DISEASE, OR INTENDED TO AFFECT THE STRUCTURE OR ANY FUNCTION OF ANY PERSON.
THE SITE MAY CONTAIN GENERAL INFORMATION OR CONTENT RELATED TO MEDICAL CONDITIONS, TREATMENT, AND OTHER HEALTH CARE TOPICS. ANY SUCH INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR AS A SUBSTITUTE FOR CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL. YOU SHOULD ALWAYS CONSULT WITH A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL FOR MEDICAL ADVICE OR INFORMATION ABOUT DIAGNOSIS AND TREATMENT. RELIANCE ON THE SITE IS SOLELY AT YOUR OWN RISK.
From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. In addition, when using particular services, your transactions or services may be subject to additional terms and conditions applicable to such services which may be posted from time to time.
VitalConnect may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that VitalConnect will have no liability to you if this Site is discontinued or your ability to access the Site is terminated. All restrictions, rights granted by you, and all disclaimers and limitations of liability will survive any termination.
1. VitalConnect Content
Content on this Site that is provided by VitalConnect or its licensors, including graphics, photographs, images, text, digitally downloadable files, trademarks, trade dress, logos, product names or packaging, slogans, and the compilation of the foregoing ("VitalConnect Content") is the property of VitalConnect and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any VitalConnect Content for use (a) in any publications, (b) in public performances, (c) on websites other than this Site for any other commercial purpose, (d) in connection with products or services that are not those of VitalConnect, and/or (e) in any other manner that is likely to cause confusion among consumers, that disparages or discredits VitalConnect and/or its licensors or their respective products or brands, that dilutes the strength of VitalConnect' or its licensor's intellectual property, or that otherwise infringes VitalConnect's or its licensors' intellectual property rights. You further agree to in no other way misuse any VitalConnect Content or third party content that appears on this Site.
2. Your Use of the Site
You may not, without VitalConnect's prior written consent, cause or permit the: (a) use, copying, modification, rental, lease, sublicense, transfer, or other commercial exploitation of, or other third party access to, any element of the Site, except to the extent expressly permitted by these Terms; (b) creation of any modifications or derivative works of the Site; (c) reverse engineering of the Site; (d) gaining of unauthorized access to the Site or its related systems or networks; (e) interference with or disruption of the integrity or performance of the Site or the data contained therein; (f) the use of any data mining, crawlers, spiders, robots or similar data gathering, scraping or extraction methods (including artificial intelligence techniques) in connection with the Site; (g) unlawful or criminal use of the Site or any other conduct that would give rise to civil or criminal liability; (h) collection of information about other users of the Site for any purpose; (i) impersonation of any person or entity or other misrepresentation of who you are, your age, or your affiliation with any person or entity; or (j) use of the Site for any purpose that is otherwise prohibited by these Terms.
3. Registrations/Sign ups
Certain areas of the Site require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site, or any features at all.
If the Site requires you to submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility.
4. Availability of Advertised Goods
All descriptions, images, references, content, products and prices of products described or depicted on the Site are subject to change at any time without notice. You should regularly consult the Site for updates regarding product availability.
VitalConnect aims to describe and display its products accurately on the Site. However, some items on the Site may be mispriced, described inaccurately or unavailable, and VitalConnect may experience delays in updating information on the Site. As a result, VitalConnect cannot and does not guarantee the accuracy or completeness of any information, including prices, product images, specifications, and availability. VitalConnect reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice.
5. Representations, Limitations of Liability and Indemnity
VitalConnect makes no representations about the reliability of the features of this Site, the VitalConnect Content or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems or use of the Site will be at your own risk. VitalConnect makes no representations regarding the amount of time that any VitalConnect Content will be preserved. VitalConnect makes no representation or warranties that any material, images, applications or files obtained from or through the Site are free from computer viruses or other faults or defects. It is your responsibility to take customary precautions against computer viruses and/or concerning inaccuracies, typographical errors or other defects on the Site or applications or material available on or through Site. You agree to use this Site, applications and functions at your own risk.
THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL VITALCONNECT, OR VITALCONNECT ENTITIES (AS HEREAFTER DEFINED) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, "DAMAGES") THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL VITALCONNECT OR VITALCONNECT ENTITIES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND VITALCONNECT'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES WILL VITALCONNECT OR VITALCONNECT ENTITIES BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF VITALCONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS UNDER THIS PARAGRAPH MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF VITALCONNECT'S NEGLIGENT, FRAUDULENT, RECKLESS ACTS OR INTENTIONAL MISCONDUCT.
You agree to indemnify and hold VitalConnect, its parents, subsidiaries, officers, employees, and contractors and each of their respective officers, employees and agents (collectively, "VitalConnect Entities") harmless from and against any damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, or any violations thereof by your dependents or any claims arising from your misuse of this Site.
6. Third Party Websites
This Site may hyperlink to sites not maintained by or related to VitalConnect. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or VitalConnect, and VitalConnect makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to that site's terms and conditions and privacy policy, and VitalConnect has no control over how your information is collected, used, or otherwise handled.
7. Binding Arbitration; No Class Action
You and VitalConnect agree that any controversy or claim (except for any claim that qualifies for small claims court and any claim of infringement, breach of confidentiality, or misappropriation of any patent, copyright, trademark, or trade secret) arising out of or relating to these Terms, the Site, and/or use of the Site, as well as all questions of arbitrability, shall be referred to and finally determined by arbitration in a tribunal that consists of a sole arbitrator and in accordance with JAMS International Arbitration Rules or submitted to small claims court. The location of the hearing shall occur in the state of Delaware, whether submitted to arbitration or small claims court. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having appropriate jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Reasonable discovery will be allowed during arbitration in accordance with these rules. Any arbitration arising out of or related to these Terms shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of these Terms, including Rules 16.1 and 16.2 of those Rules. The JAMS Rules are available at www.jamsadr.com or by emailing JAMS at globalteam@jamsadr.com.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND VitalConnect AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and VitalConnect agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
8. Miscellaneous
Both you and VitalConnect acknowledge and agree that no partnership is formed and neither of you nor VitalConnect has the power or the authority to obligate or bind the other.
These Terms will be governed by and construed in accordance with the internal laws of Delaware without regard to conflicts of laws principles. By using this Site, you hereby agree that any and all disputes regarding these Terms and/or the Site not subject to the arbitration provision set forth above will be subject to the federal and state courts located in the State of Delaware. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.
On certain areas of our Site, you may be given the ability to provide us with personal information. Please read our Privacy Policy for more information about our information collection and use practices.
The failure of VitalConnect to comply with these Terms because of an act of God, epidemic, outbreak, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of VitalConnect, shall not be deemed a breach of these Terms.
If VitalConnect fails to act with respect to your breach or anyone else's breach on any occasion, VitalConnect is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
MKT-267 Rev. A
