TERMS OF SERVICE

 

Vital Valence Terms of Service:

Last updated April 30, 2021

These Terms of Service (“Terms”) govern your access to, use of, and purchases at Vital Valence LLC (“Vital Valence”, “We”, “Us”, “Our”) website (Site located at https://vitalvalence.com). These Terms constitute a legally binding agreement between you and Vital Valence LLC, the owner and operator of vitalvalence.com. 

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THIS SITE OR VITAL VALENCE’S SERVICES. 

BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE VITAL VALENCE SITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING, AS APPLICABLE FOR U.S AND CANADIAN USERS, THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT) AND YOU ACCEPT ALL OF ITS TERMS. 

VITAL VALENCE’S SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, OR CURE ANY PSYCHOLOGICAL OR MEDICAL CONDITIONS. THIS AGREEMENT DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND THE COACH. YOU AGREE AND ACKNOWLEDGE THAT THE SERVICES WILL NOT BE USED IN LIEU OF SEEKING PROFESSIONAL MEDICAL ADVICE AND/OR TREATMENT FROM YOUR PRIMARY DOCTOR. WHILE OUR SERVICES OR WEBSITE MAY INCLUDE INFORMATION RELATING TO EMOTIONAL, MENTAL, OR PHYSICAL WELL-BEING, THIS INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY. BEFORE PARTICIPATING IN ANY DIET OR PHYSICAL EXERCISE, WE URGE YOU TO CONSULT WITH YOUR PRIMARY DOCTOR OR HEALTHCARE PROFESSIONAL WHO IS FAMILIAR WITH YOUR PARTICULAR CIRCUMSTANCES.

PLEASE READ ALL TERMS CAREFULLY.

Overview.

  • Vital Valence provides health and wellness coaching services to individuals over the age of 18.

  • Vital Valence does not make any guarantees in regards to their services.

  • Use of this site does not create a doctor-patient relationship and this site should not be used in lieu of seeking professional medical treatment from your healthcare team.

  • Submitting information or contacting Vital Valence does not establish a working relationship.

  • Privacy is important to Vital Valence and is governed by the Privacy Policy.

General.

Vital Valence is a health and wellness coaching service. We reserve the right to refuse service to anyone for any reason at any time.

Under no circumstances should Our website or services be used as a substitute for seeking professional medical treatment or advice. You should always seek immediate medical treatment from a qualified provider if you experience any changes to your/their health.

IN THE EVENT OF A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST HOSPITAL IMMEDIATELY.

Personal Information.

Please review the Privacy Policy, which governs your use of this website and personal information, to understand how we keep your information private.

Communications.

When visiting vitalvalence.com or sending us emails, you are communicating with us electronically and agree to receive communications electronically. We may communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing. You also agree not to transmit any worms or viruses or any code of a destructive nature. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices

Intellectual Property.

All content included in or made available on vitalvalence.com, including text, graphics, logos, icons, and images, is the exclusive property of vitalvalence.com or licensed to Vital Valence for use on its site. Vital Valence is the sole owner or lawful licensee of all the rights and interests of the website vitalvalence.com. This material is protected by United States copyright law. Vital Valence is a trademark owned by Vital Valence and is protected under applicable trademark and other proprietary rights laws. The unauthorized copying, modification, use, or publication of these marks is strictly prohibited. 

All other content that may be provided to you in the course of providing the services is the exclusive property of Vital Valence. The unauthorized copying, modification, display, use, resale or publication of this intellectual property is strictly prohibited. You agree not to infringe any or all of the title, ownership, and intellectual property of Vital Valence. All rights not claimed under the Terms or vitalvalence.com are hereby reserved. 

Proper Use. 

You will not engage in any activity directly or indirectly undermining the integrity of systems used by Vital Valence and/or other users of vitalvalence.com. You will not gain or attempt to gain unauthorized and/or unlawful access to Vital Valence’s networks, data, or information. You agree to only use vitalvalence.com for your personal use only and you will not use, copy, reproduce, or download any information, text, data, or images obtained on or through vitalvalence.com for commercial purposes of any kind. 

Security.

You are responsible for maintaining the confidentiality and security of any passwords, log-ins, or account information provided by you or given to you by Vital Valence. You are solely responsible for all activity associated with your account. If you suspect your account security has been compromised, you agree to notify Vital Valence immediately. You understand that you must exercise caution when communicating from or accessing your information via a public or shared computer. Vital Valence cannot ensure confidentiality in communications sent or received from such devices.

Disclaimer of Warranty & Limitation of Liability.

Vital Valence does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the site will always be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. IN USE OF VITAL VALENCE IS ENTIRELY AT YOUR OWN RISK. VITAL VALENCE EXPRESSLY DISCLAIMS ALL LIABILITY THAT MAY ARISE BETWEEN THE COACH AND CLIENTS IN THE COURSE OF PROVIDING THE COACHING SERVICES. IN NO CASE SHALL VITAL VALENCE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT VITAL VALENCE AND AFFILIATES ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO VITAL VALENCE DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity.

You agree to indemnify, defend and hold harmless Vital Valence and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. You also agree that Vital Valence is not responsible and will have no liability to you for any material posted by others and the risk of damages from such material rests entirely with you. 

Pricing. 

Pricing will be provided to coaching clients on an individualized basis. The contract entered into with the client will override any information previously provided to the client, including information on this site.


Client Contracts. 

In the event these Terms of Service conflict with the client contract provided to you, the client contract will control. 

Third Party Links.

Some content or products available on vitalvalence.com may include materials from third parties. There may be links on this website that direct you to third party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third party materials or websites and we do not have any liability or responsibility for third party websites. Links to any third-party content are provided for your convenience only. If you choose to access any third-party Content, you do so at your own risk. YOU ACKNOWLEDGE AND AGREE THAT VITAL VALENCE IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES.

Termination.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate this agreement at any time when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement or temporarily suspend your account at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

Force Majeure.

Vital Valence will not be responsible for the delay, failure to provide services or products, or unavailability of this website for any reasons beyond our control, including internet failures, equipment failures, power failures, strikes, and natural disasters. 

Waiver.

Failure to enforce any aspect of these Terms will not be deemed a waiver of the right to enforce these Terms in the future. 

Severability.

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Applicable Law.

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of and your purchase of products through vitalvalence.com. Any violation of these Terms will be governed by the laws of Georgia without regard to any conflict of law provisions of your residence or physical location. At our discretion, we may report any violations relating to these Terms to the appropriate authorities. You and Vital Valence agree to submit to the personal and exclusive jurisdiction of the courts of Georgia 

Dispute Resolution.

In the event of a dispute between Us and you, both parties agree to try to reach a resolution through good faith negotiation. If those efforts are unsuccessful, the dispute will be resolved through binding arbitration in Atlanta, Georgia, in accordance with the rules of the American Arbitration Association, before a mutually acceptable arbitrator.

Changes.

These Terms and our Privacy Policy are subject to change without notice. Any changes are effective immediately and you should check this page from time to time for updates.

Contact Information.

Questions about the Terms should be sent to info@vitalvalence.com. Any feedback, general questions, comments or concerns can be sent to info@vitalvalence.com