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Your
Registration
We will assume (and by using this Site you warrant that) that either you have
legal capacity to enter into the agreement set out in these Terms of Use (i.e.,
that you are of sufficient age and mental capacity and are otherwise entitled
to be legally bound in contract), or your parents have consented to your use
of this Site and accept these Terms of Use on your behalf.
Online
Privacy Policy
Your privacy is important to us. To better protect your privacy, we provide
a privacy policy explaining our online information practices and the choices
you can make about the way your information is collected and used at this site.
Click here to access our privacy policy.
Trademarks
and Copyrights
This Site and all materials incorporated by DTC Health, Inc. on this Site ("Material")
are protected by copyrights, patents, trade secrets or other proprietary rights
("Copyrights"). DTC Health, Inc. respects the intellectual property
rights of others and asks users of this Site to do the same.
Your
Use of Material
Your right to make use of this Site and any Material or other content appearing
on it is subject to your compliance with these Terms of Use. Modification or
use of the Material or any other content on this Site for any purpose not permitted
by these Terms of Use may be a violation of the Copyrights and/or Trademarks
and is prohibited.
You may access and
display Material and all other content
displayed on this Site for non-commercial,
personal, entertainment use on a single
computer only. The Material and all other
content on this Site may not otherwise
be copied, reproduced, republished, uploaded,
posted, transmitted, distributed or used
in any way unless specifically authorized
by DTC Health, Inc. Any authorization
to copy Material granted by DTC Health,
Inc. in any part of this Site for any
reason is restricted to making a single
copy for non-commercial, personal, entertainment
use on a single computer only, and is
subject to your keeping intact all copyright
and other proprietary notices. Using
any Material on any other web site or
networked computer environment is prohibited.
Also, decompiling, reverse engineering,
disassembling, or otherwise reducing
the code used in any software on this
Site into a readable form in order to
examine the construction of such software
and/or to copy or create other products
based (in whole or in part) on such software,
is prohibited.
Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN
RISK. vitaplen.COM AND ALL THE MATERIALS,
INFORMATION, SOFTWARE, FACILITIES, SERVICES
AND OTHER CONTENT IN vitaplen.COM ARE
PROVIDED "AS IS" AND "AS
AVAILABLE" WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, DTC HEALTH, INC.DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. DTC HEALTH,
INC.DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THIS SITE WILL BE AVAILABLE,
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT DTC HEALTH,
INC.'S WEB SITES OR THE SERVERS THAT
MAKE THEM AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. DTC HEALTH,
INC.DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE
USE OF THE MATERIAL, INFORMATION, SOFTWARE,
FACILITIES, SERVICES OR OTHER CONTENT
IN vitaplen.COM OR ANY SITES LINKED
TO vitaplen.COM IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE.
DTC HEALTH, INC.MAKES NO WARRANTIES THAT
YOUR USE OF THE MATERIALS, INFORMATION,
SOFTWARE, FACILITIES, SERVICE OR OTHER
CONTENT IN VITAPLEN.COM WILL NOT INFINGE
THE RIGHTS OF OTHERS AND DTC HEALTH,
INC. ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS,
INFORMATION, SOFTWARE, FACILITIES, SERVICE
OR OTHER CONTENT OF VITAPLEN.COM. IF
APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION
OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES
TO APPLY TO YOU, THE ABOVE EXCLUSIONS
WILL APPLY TO YOU ONLY TO THE EXTENT
PERMITTED BY APPLICABLE LAW.
Limitation
of Liability
DTC HEALTH, INC. DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT,
INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR
OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, VITAPLEN.COM OR
THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT
ON VITAPLEN.COM, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND
EVEN IF DTC HEALTH, INC.HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR
DAMAGE. WITHOUT LIMITATION, YOU (AND NOT DTC HEALTH, INC.) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH
LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF
THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY
TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Forums
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON
BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE
("FORUMS") ARE NOT NECESSARILY THOSE OF DTC HEALTH, INC. OR IT'S
AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. DTC HEALTH, INC. DOES
NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT
THE RESPONSIBILITY OF DTC HEALTH, INC. DTC HEALTH, INC. MAY REMOVE OR MODIFY
ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION.
ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE
DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
Submissions,
Postings and E-mails
DTC Health, Inc. is interested in hearing from you. It is, however, our policy
that we will not accept or consider unsolicited submissions of concepts, articles,
or other potential content. Therefore, please do not send DTC Health, Inc.
any unsolicited submissions.
Any material you send
to us will not be treated as confidential.
Please act responsibly
when using this Site. You may only use
this Site and its contents for lawful
purposes and in accordance with applicable
law and you are prohibited from storing,
distributing or transmitting any unlawful
material through this Site. You may not
collect or store personal information
regarding other users. You recognize
that storing, distributing or transmitting
unlawful material could expose you to
criminal and/or civil liability. You
agree that if a third party claims that
material you have contributed to the
Site is unlawful, you will bear the burden
of establishing that it is lawful. You
understand and agree that all materials
publicly posted (other than by DTC Health,
Inc.) or privately transmitted on or
through this Site are the sole responsibility
of the sender, not DTC Health, Inc.,
and that you are responsible for all
material you upload, post or otherwise
transmit to or through this Site.
We at DTC Health, Inc.
require that you do not post e-mails
or submit to or publish through Forums
or otherwise make available on this Site
any content, or act in a way, which in
our opinion:
(a) libels, defames,
invades privacy, stalks, is obscene,
pornographic, racist, abusive, harassing,
threatening or offensive; (b) seeks to
exploit or harm children by exposing
them to inappropriate content, asking
for personally identifiable details or
otherwise; (c) infringes any intellectual
property or other right of any entity
or person, including violating anyone's
copyrights or trademarks or their rights
of publicity; (d) violates any law or
may be considered to violate any law;
(e) you do not have the right to transmit
under any contractual or other relationship
(e.g., insider information, proprietary
or confidential information received
in the context of an employment or a
non-disclosure agreement); (f) advocates
or promotes illegal activity; (g) impersonates
or misrepresents your connection to any
other entity or person or otherwise manipulates
headers or identifiers to disguise the
origin of the content; (h) advertises
any commercial endeavor (e.g., offering
for sale products or services) or otherwise
engages in any commercial activity (e.g.,
conducting raffles or contests, displaying
sponsorship banners, and/or soliciting
goods or services) except as specifically
authorized on this Site; (i) solicits
funds, advertisers or sponsors; (j) includes
programs which contain viruses, worms
and/or 'Trojan horses' or any other computer
code, files or programs designed to interrupt,
destroy or limit the functionality of
any computer software or hardware or
telecommunications; (k) disrupts the
normal flow of dialogue, causes a screen
to scroll faster than other users are
able to type, or otherwise act in a way
which affects the ability of other people
to engage in real time activities via
this Site; (l) copies any other pages
or images on this Site except with appropriate
authority; (m) includes MP3 format files;
(n) amounts to a 'pyramid' or similar
scheme; (o) amounts to 'data warehousing'
(i.e., using any web space made available
to you as storage for large files which
are only linked from other sites). You
must provide a reasonable amount of content
to accompany such material in order that
at least some of the traffic to your
site comes directly via this Site; (p)
disobeys any policy or regulations established
from time to time regarding use of this
Site or any networks connected to this
Site; or (q) contains links to other
sites that contain the kind of content,
which falls within the descriptions set
out at (a) to (p) above.
In addition, you are
prohibited from removing any sponsorship
banners or other material inserted by
DTC Health, Inc. anywhere on this Site
(e.g., on any web space made available
for your use).
System
Abuse
Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e.,
emailing copies of a single message to many users, or sending large or multiple
files or messages to a single user with malicious intent) or engage in "spamming" (i.e.,
unsolicited emailing for business or other purposes) or undertake any other
activity which may adversely effect the operation or enjoyment of this Site
by any other person.
You may not reproduce,
sell, resell or otherwise exploit any
resource, or access to any resource,
contained on this Site.
Security
You are prohibited from using any services or facilities provided in connection
with this Site to compromise security or tamper with system resources and/or
accounts. The use or distribution of tools designed for compromising security
(e.g., password guessing programs, cracking tools or network probing tools)
are strictly prohibited. If you become involved in any violation of system
security, DTC Health, Inc. reserves the right to release your details to
system administrators at other sites in order to assist them in resolving
security incidents.
Investigations
DTC Health, Inc. reserves the right to investigate suspected violations of
these Terms of Use, including without limitation any violation arising from
any submission, posting or e-mails you make or send to any Forum. DTC Health,
Inc. may seek to gather information from the user who is suspected of violating
these Terms of Use, and from any other user. DTC Health, Inc. may suspend
any users whose conduct or postings are under investigation and may remove
such material from its servers as it deems appropriate and without notice.
If DTC Health, Inc. believes, in its sole discretion, that a violation of
these Terms of Use has occurred, it may edit or modify any submission, posting
or e-mails, remove the material permanently, cancel postings, warn users,
suspend users and passwords, terminate accounts or take other corrective
action it deems appropriate. DTC Health, Inc. will fully cooperate with any
law enforcement authorities or court order requesting or directing DTC Health,
Inc. to disclose the identity of anyone posting any e-mails, or publishing
or otherwise making available any materials that are believed to violate
these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS
DTC HEALTH, INC. FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DTC HEALTH,
INC. DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS
TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER DTC HEALTH, INC. OR LAW
ENFORCEMENT AUTHORITIES.
Service
In order to use this Site, you must obtain access to the World Wide Web and
pay any service fee associated with that access. You will need to provide
all equipment necessary to connect to the Site on the World Wide Web (including
a computer, modem and/or other access devices).
DTC Health, Inc., reserves
the right to modify or discontinue, temporarily
or permanently, all or any part of this
Site and/or any software, facilities
and services on this Site, with or without
notice, and/or to establish general guidelines
and limitations on their use.
Local
Regulations
DTC Health, Inc. makes no representation that Materials or other content in
the Site are appropriate or available for use outside the United States, its
territories, possessions and protectorates. If you choose to access the Site
from other locations you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local
laws are applicable. You specifically agree to comply with all applicable laws
concerning the transmission of technical data exported from the United States
or the country you reside in.
Indemnity
You agree to indemnify and hold harmless DTC Health, Inc. and its officers,
directors, employees, agents, distributors, partners and affiliates from
and against any and all claims, demands, liabilities, costs or expenses,
including reasonable attorney's fees, resulting from your breach of any of
the foregoing provisions, representations or warranties, and/or from your
placement or transmission of any content onto DTC Health's servers, and/or
from any and all use of your account.
Our
Use of Content
DTC Health, Inc. will consider anything you provide to DTC Health, Inc. and/or
contribute to this Site as available for our use free of any obligations to
you.
By posting or uploading
any content to this Site and/or providing
any communication or material to DTC
Health, Inc. ("User Content"),
you automatically and irrevocably: (a)
grant and assign to DTC Health, Inc.
any and all rights in the User Content
throughout the world including without
limitation all copyright, together with
all consents (if any) necessary to enable
its reproduction, distribution, modification,
publishing and/or other exploitation
by DTC Health, Inc. and/or by any person
authorized by DTC Health, Inc., by any
means and in all media now known or hereafter
devised without payment or other reference
to you or any other person, and to advertise
and promote such exploitation, for the
full period of all such rights (together
with any extensions and renewals) and
insofar as possible in perpetuity; (b)
waive all moral rights in the User Content
which may be available to you in any
part of the world and confirm that no
such rights have been asserted; (c) appoint
DTC Health, Inc. as your agent with full
power to enter into any document and/or
do any act DTC Health, Inc. may consider
appropriate to confirm the grant and
assignment, consent and waiver set out
above; (d) warrant that you are the owner
of the User Content and entitled to enter
into these Terms of Use; (e) confirm
that no such User Content will be subject
to any obligation, of confidence or otherwise,
to you or any other person and that DTC
Health, Inc. shall not be liable for
any use or disclosure of such User Content.
Third
Party Sites
This Site may link you to other sites on the Internet. These sites may contain
information or material that some people may find inappropriate or offensive.
These other sites are not under the control of DTC Health, Inc., and you acknowledge
that (whether or not such sites are affiliated in any way with DTC Health,
Inc.) DTC Health, Inc. is not responsible for the accuracy, copyright compliance,
legality, decency, or any other aspect of the content of such sites. The inclusion
of such a link does not imply endorsement of any site by DTC Health, Inc. or
any association with its operators.
DTC Health, Inc. cannot
ensure that you will be satisfied with
any products or services that you purchase
from any third party site that links
to or from vitaplen.com since those
other sites are owned and operated by
independent third parties. DTC Health,
Inc. does not endorse any of the merchandise,
nor has DTC Health, Inc. taken any steps
to confirm the accuracy or reliability
of any of the information contained in
such third party sites. DTC Health, Inc.
does not make any representations or
warranties as to the security of any
information (including, without limitation,
credit card and other personal information)
you might be requested to give any third
party, and you irrevocably waive any
claim against us with respect to such
sites. We strongly encourage you to make
whatever investigation you feel necessary
or appropriate before proceeding with
any online transaction with any of these
third parties.
Proprietary Online
Services
Any area of this Site that is accessed through any proprietary online service
is subject to the rules, policies and guidelines of such proprietary online
service.
Jurisdictional
Issues
The Materials and all other content in this Site are presented solely for the
purpose of providing entertainment and information and promoting programs,
films, music, and other products available in the United States, its territories,
possessions, and protectorates. The Site is controlled and operated by DTC
Health, Inc. from its offices within the State of North Carolina, United States
of America.
These Terms of Use
shall be governed by, construed and enforced
in accordance with the laws of the State
of Delaware, as they are applied to agreements
entered into and to be performed entirely
within Delaware. Any action you, any
third party or DTC Health, Inc. may bring
to enforce these Terms of Use or, in
connection with any matters related to
the Site shall be brought only in either
the State or Federal Courts located in
Kent County, Delaware, and you expressly
consent to the jurisdiction of said courts.
If any provision of
these Terms of Use shall be unlawful,
void, or for any reason unenforceable,
then that provision shall be deemed severable
for this agreement and shall not affect
the validity and enforceability of any
remaining provisions. This is the entire
agreement between the parties relating
to the matters contained herein.
Claims
of Infringement
If you believe that any content appearing on this Site infringes your copyright
rights, we at DTC Health, Inc. want to hear from you. Please forward the following
information in writing to the Copyright Agent named below:
(a) your name, address,
telephone number, and e-mail address;
(b) a description of the copyrighted
work that you claim has been infringed;
(c) the exact URL or a description of
each place where alleged infringing material
is located; (d) a statement by you that
you have a good faith belief that the
disputed use has not been authorized
by you, your agent, or the law; and (e)
your electronic or physical signature
or the electronic or physical signature
of the person authorized to act on your
behalf.
Copyright
Agent:
DTC Health, Inc.
Attn: Business & Legal Affairs
200 Trans Air Dr.
Suite 600
Morrisville, NC 27560
Email: complaints@dtchealth.com
DTC Health, Inc. seeks
to preserve any and all exemptions from
liability that may be available under
the copyright law, but does not necessarily
stipulate that it is a service provider
as defined in USC section 512(c) or elsewhere.
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