Terms of Use

VitalHealth Software Group Inc. and/or its affiliates ("VitalHealth") provide this site to you subject to the following conditions. By visiting the VitalHealth Software website at www.vitalhealthsoftware.com (the "VitalHealth website" or the "site"), you accept these conditions. Please read them carefully. When you use the VitalHealth website, you are subject to the then current terms of use ("Terms").

PRIVACY

Our Privacy Notice, which also governs your visit to the site, can be found on the Privacy Page.

CHANGES

We reserve the right to change these terms of use. You are responsible for regularly reviewing these terms. If you object to the terms, you can cancel your subscription. If you continue to use the service after changes have been made, your continued use constitutes consent to the changes.

LINKS

Our VitalHealth website links to several other web sites. These linked websites are not under our control and we are not responsible for the content on any linked sites.

IMPROPER USE

You are not allowed to use the site in a manner that would be considered, if published, fraudulent, harassing, libelous, obscene, or a violation of any rights of publicity or privacy, or that is in violation of any law or regulation. You agree not to cause or attempt to cause a 'Denial of Service' or a VitalHealth Website availability failure. You agree not to use or attempt to use the site in a manner that could damage, disable, impair or overburden the VitalHealth website. You agree not to corrupt or attempt to destroy or corrupt any data or information on the site.

LIABILITY DISCLAIMER

ACCESS TO THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES OR IMPROVEMENTS ARE PERIODICALLY MADE TO THE INFORMATION PROVIDED ON THE SITE. SUCH CHANGES MAY BE MADE AT ANY TIME BY VHS AND/OR ITS RESPECTIVE SUPPLIERS. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL MEDICAL, LEGAL OR FINANCIAL ADVICE AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

VITALHEALTH AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE SITE OR SERVICE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. VITALHEALTH AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL VITALHEALTH AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEB SITE OR SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VITALHEALTH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICE.

SUPPORT

If you experience any issues or have questions relating to your use of the site, contact our support center.

ACCESS RESTRICTIONS AND TERMINATIONS

We reserve the right, at our sole discretion, at any time and without notice to restrict your access to the site.

COPYRIGHT AND TRADEMARK NOTICES

The entire contents of the site are copyrighted ©2007-2015 VitalHealth Software Group Inc. All rights reserved. VitalHealth Software and and any other names of VitalHealth products or services referenced herein are trademarks or registered trademarks of VitalHealth Software Group Inc. Any rights not expressly granted herein are reserved.

APPLICABLE LAW

By visiting this site, you agree that the laws of the state of Wisconsin, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and VitalHealth.

DISPUTES

Any dispute relating in any way to your visit to the site shall be adjudicated in any state or federal court in Milwaukee County, Wisconsin or a Federal court located in the Eastern District of Wisconsin and you consent to exclusive jurisdiction and venue in such courts.

OUR ADDRESS

VitalHealth Software Corp.
250 Marquette Ave, Suite 550
Minneapolis, MN 55401
Toll free: +1 (877) 340-3647

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying VitalHealth that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where on the site the material that you claim is infringing is located; Your address, telephone number, and e-mail 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;
  • 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 to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement on the site can be reached as follows:

Legal Counsel
VitalHealth Software
Zonneoordlaan 17
6718 TK, EDE
The Netherlands

General

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Use of the VitalHealth Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

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