TERMS AND CONDITIONS
EFFECTIVE AS OF JUNE 9, 2016
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE PROCEDURE, JURISDICTION AND VENUE OF DISPUTES.
1. CONTRACTUAL RELATIONSHIP
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establish a contractual relationship between you and Vytaliz. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any prior agreements or arrangements with you. Vytaliz may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time, for any reason or no reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict.
Vytaliz may amend the Terms related to the Services from time to time. Amendments will be effective upon Vytaliz posting the updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by these Terms, as amended.
2. AGE RESTRICTIONS
No one under age 18 may provide any information to Vytaliz through the Application. Vytaliz does not knowingly collect information from individuals under age 18. If you are under age 18, do not use or provide any information with or through the Application or with or through any of its features, make any purchases through the Application, use any of the interactive or public comment features of the Application, or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name that you may use. If Vytaliz learns that it received information from anyone under the age of 18, Vytaliz will delete that information and terminate the applicable account. If you believe we might have any information from or about anyone under the age of 18, please contact us at email@example.com.
3. THE SERVICES
The Services constitute a technology platform that enables users of the Application provided as part of the Services to arrange and schedule certain medical procedures, including intravenous therapy, to be performed at your request. By ordering the Services, you understand that certain medical procedures, including intravenous therapy, involve inserting a needle into a vein and injecting intravenous fluids.
Subject to your compliance with these Terms, Vytaliz grants you a limited, non-exclusive, non- sublicensable, revocable, and non-transferrable license to: (i) access and use the Application on your personal communication device and/or a tablet provided by Vytaliz solely in connection with your use of the Services; and (ii) access the content, information and related materials that may be made available through the Application and the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Vytaliz and Vytaliz’s respective licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Application or Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or the Application, except as expressly permitted by Vytaliz; (iii) decompile, reverse engineer or disassemble the Services or the Application except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services or Application; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or Application or unduly burdening or hindering the operation and/or functionality of any aspect of the Services or Application; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or the Application, or their respective related systems or networks. The Services and the Application and all rights therein are and shall remain Vytaliz property or the property of Vytaliz’s licensors, as the case may be. Neither these Terms nor your use of the Services or the Application convey or grant to you any rights: (a) in or related to the Services or the Application, except for the limited license granted above; or (b) to use or reference in any manner Vytaliz’s company name, logos, product and service names, trademarks or services marks or those of Vytaliz’s licensors.
5. THIRD-PARTY SERVICES AND CONTENT
6. USER ACCOUNTS
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”) with Vytaliz. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18) to obtain an Account. Account registration requires you to submit to Vytaliz certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid credit card. You agree to maintain accurate, complete, and up-to-date information in your Account. If your Account information should change, you must update it immediately. Your failure to maintain accurate, complete, and up-to-date Account information, including having an incorrect telephone number or an invalid or expired credit card on file, may result in your inability to access and use the Application or the Services or may result in Vytaliz’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and, as such, you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Vytaliz in writing, you may only sign up for, and possess, one Account. You understand and agree that Vytaliz shall have no responsibility for any incident arising out of, or related to, your Account settings. You must safeguard your password and supervise the use of your Account. You are solely responsible for maintaining the security of your Account and maintaining settings that reflect your preferences. We will assume that anyone using your Account or transacting through your Account is you. You agree that you are solely responsible for any activity that occurs under your Account.
7. USER REQUIREMENTS AND CONDUCT
The Services and the Application are not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive the Services or use the Application, unless you are the individual’s parent or legal guardian. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws, rules and regulations when using the Services and the Applications and you may only use the Services and the Application for lawful purposes. Vytaliz may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity. In additional, Vytaliz may deny provision of the Services in its sole discretion for any, or no, reason. Persons with a medical emergency should always be aware that they should go to a hospital emergency room, and not seek care through Vytaliz.
8. TEXT MESSAGING & ELECTRONIC MAIL
By creating an Account, you agree that Vytaliz may send you informational text (SMS) messages or electronic communications as part of the normal business operation of your use of the Services or the Application. You may opt-out of receiving text (SMS) messages or electronic mail from Vytaliz at any time by emailing us at firstname.lastname@example.org from the mobile device receiving the messages and typing “OPT OUT” in the message, or you may opt out receiving electronic mail by e-mailing your request to email@example.com. You acknowledge that opting out of receiving text (SMS) messages and/or electronic mail may negatively impact your ability to use the Application and Services.
9. PROMOTIONAL CODES
Vytaliz may, in its sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits subject to terms that Vytaliz establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Vytaliz; (iii) may be disabled by Vytaliz at any time for any reason, or no reason, without liability to Vytaliz; (iv) may only be used pursuant to the specific terms that Vytaliz establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Vytaliz reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user if Vytaliz determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
10. USER PROVIDED CONTENT
11. NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device or when you receive text messages and other communications from Vytaliz. In certain situations, Vytaliz, in its sole discretion, may provide you with a tablet for your use in connection with the Services (a “Tablet”). Your use of a tablet will be subject to a separate Agreement to Borrow tablet, a copy of which can be requested from Vytaliz staff. Unless Vytaliz provides you with a Tablet, you will be solely responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Vytaliz does not guarantee that the Application, or any portion thereof, will function on any particular hardware or device. In addition, the Application may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
13. GENERAL DISCLAIMERS
PLEASE NOTE THAT YOU MAY BE PROVIDED WITH INFORMATION ABOUT HEALTH ISSUES DESIGNED TO HELP YOU MAKE BETTER DECISIONS, BUT MEDICAL INFORMATION IS NOT THE SAME AS MEDICAL ADVICE OR OPINION. YOU, AS THE USER OF THE SERVICES AND THE APPLICATION, ASSUME FULL RISK AND RESPONSIBILITY FOR ANY AND ALL USE OF THE SERVICES AND APPLICATION, INCLUDING THE INFORMATION PRESENTED THEREON. THE APPLICATION IS INTENDED TO BE A GENERAL INFORMATION RESOURCE ONLY AND DOES NOT CONSTITUTE MEDICAL ADVICE OR OPINIONS AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, OPINION OR TREATMENT. BY USING THE SERVICES AND THE APPLICATION, YOU AGREE TO HOLD VYTALIZ AND ITS SUBSIDIARIES AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, CAUSES OF ACTION, JUDGMENTS, LIABILITIES, EXPENSES AND DEMANDS OF ANY KIND OR NATURE WHATSOEVER RELATING TO YOUR USE OF, YOUR RELIANCE UPON, OR ERRORS OR OMISSIONS IN, ANY INFORMATION PROVIDED TO YOU.
YOUR USE Of THE SERVICES ARE AT YOUR OWN RISK. VYTALIZ WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY HARM TO YOU OR OTHERS RESULTING FROM THE USE OF THE APPLICATION AND/OR SERVICES AND PRODUCTS PROVIDED THROUGH THE APPLICATION, SERVICES OR OTHERWISE. VYTALIZ DOES NOT MAKE ANY CLAIMS, REPRESENTATIONS OR WARRANTIES REGARDING YOUR FITNESS PRIOR TO, OR FOLLOWING RECEIPT OF SERVICES, INCLUDING, BUT NOT LIMITED TO, WHETHER YOU ARE FIT TO DRIVE A VEHICLE OR OPERATE MACHINERY. FURTHER, YOU MAY NEED SOMEONE TO LOOK AFTER YOU AFTER RECEIVING THE SERVICES AND UNTIL SUCH TIME THAT YOU ARE ABLE TO RESUME NORMAL ACTIVITIES. IT IS YOUR SOLE RESPONSIBILITY TO SCHEDULE SOMEONE TO ACCOMPANY YOU.
Vytaliz does not condone, recommend, or encourage excess alcohol consumption or illegal drug use. Drinking and drug use are highly detrimental to one’s health and wellness and may lead to a number of irreversible diseases and complication, including, but not limited to, alcoholism, infections, cirrhosis of the liver, cancer and death. While there may be information in the Application related to certain medical conditions and their management, if you suffer from a medical condition of any kind, you should promptly seek the advice and/or opinion of a qualified health care professional.
DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL. DO NOT USE THE SERVICES OR THE APPLICATION FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 OR CONTACT YOUR PHYSICIAN. YOUR USE OF INFORMATION PROVIDED THROUGH THE SERVICES AND THE APPLICATION IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE APPLICATION IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
14. DISCLAIMER OF WARRANTIES
The Services and the information, functions and materials on the Application are provided “AS IS”. Vytaliz makes no warranties, express or implied, concerning the Services and the Application, and hereby disclaims and negates all warranties related thereto, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement of intellectual property or other violation of rights. Further, Vytaliz does not warrant or make any representations concerning the accuracy, likely results, or reliability of (a) the use of any information or materials available through the Application or otherwise relating to such information or materials, or (b) any sites linked to or on the Application, or (c) the use of the Services.
15. LIMITATION OF LIABILITY
In addition to, and in limitation of, any limitations of liability provided by law or this Agreement, in no event will Vytaliz, its suppliers or licensors, including, but not limited to, its and their respective equity owners, officers, members, shareholders, directors, heirs, assigns, or successors, be liable with respect to any subject matter under this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for any indirect, special, incidental, punitive or consequential damages. The foregoing shall not apply to the extent prohibited by law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL LIABILITY OF VYTALIZ, ITS DIRECTORS, EMPLOYEES, MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS AND CONTENT PROVIDERS, SUCCESSORS AND/OR ASSIGNS, HOWSOEVER ARISING, FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE OF THE SERVICE, THE APPLICATION OR ANY CONTENT THEREIN, IS EXPRESSLY LIMITED AS SET FORTH HEREIN, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT VYTALIZ, ITS DIRECTORS, EMPLOYEES, MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, SUCCESSORS AND/OR ASSIGNS (AS APPLICABLE) HAVE ANY LIABILITY UNDER THIS AGREEMENT, THE AGGREGATE OF THAT LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, TO VYTALIZ IN CONNECTION WITH THE SERVICES WITH RESPECT TO THE TWO MONTHS IMMEDIATELY PRIOR TO THE EVENT THAT GAVE RISE TO THE CLAIM AGAINST VYTALIZ.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VYTALIZ, OR ITS DIRECTORS, EMPLOYEES, MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, SUCCESSORS AND/OR ASSIGNS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT VYTALIZ, ITS DIRECTORS, EMPLOYEES, MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, SUCCESSORS AND/OR ASSIGNS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE APPLICATION, THE SERVICE AND/OR ANY CONTENT THEREIN:
● INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL LOSSES OR DAMAGES;
● LOSS OF ACTUAL OR ANTICIPATED PROFITS;
● LOSS OF REVENUE;
● LOSS OF GOODWILL;
● LOSS OF DATA;
● LOSS OF ANTICIPATED SAVINGS;
● WASTED EXPENDITURE; OR
● COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
THE LIMITATIONS OF LIABILITY SET FORTH HEREIN WILL APPLY EVEN IF THE WARRANTIES CONTAINED IN THESE TERMS HAVE FAILED OF THEIR ESSENTIAL PURPOSE. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THIS AGREEMENT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
By entering into this Agreement and using the Application or Services, you agree that you shall defend Vytaliz, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys, agents, successors and assigns harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of the Services arranged via the Services or Application, or (c) your use or misuse of the Application or Services.
17. INTEGRATION AND SEVERABILITY
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. The failure of Vytaliz to enforce any right or provisions of this Agreement will not be deemed a waiver of such right or provision. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
Vytaliz will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond its reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, acts of God, acts of a public enemy, acts of terrorism, insurrections, riots, injunctions, embargoes, fires, explosions, floods, or any other unforeseeable causes beyond the reasonable control and without the fault or negligence of Vytaliz. This Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with Vytaliz’s prior written consent. Vytaliz may assign, transfer or delegate any of its rights and obligations hereunder without your approval or consent. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement or the providing of any Services, and neither party has any authority of any kind to bind the other in any respect.
19. COPYRIGHT AND TRADEMARKS
Vytaliz is the copyright owner or authorized licensee of all text and all graphics contained in the Application. All trademarks and service marks of Vytaliz, or its subsidiaries or affiliates, that may be referred to in the Application are the property of Vytaliz, or one of its subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to in the Application are the property of their respective owners. Nothing in the Application should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Vytaliz’s, or its subsidiaries’ or affiliates’, trademarks, service marks or copyrights without Vytaliz’s prior written permission. Vytaliz aggressively enforces its intellectual property rights. Neither the name of Vytaliz, its subsidiaries or affiliates, nor any of Vytaliz other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Application, the Services or otherwise, without Vytaliz’s prior written permission.
20. INTELLECTUAL PROPERTY INFRINGEMENT NOTIFICATION PROCESS
We respect the intellectual property (“IP”) rights of others, and we expect users of our Services and Application to do the same. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements. Displaying, performing, storing, copying, distributing, and/or otherwise making available or using any content from the Application is prohibited, unless specifically authorized by Vytaliz in writing. Accordingly, no such content may be used on another mobile application or website without express written permission from Vytaliz.
We will not permit any content known by us to be infringing to remain on the Application. We will respond to notices of alleged IP infringement that comply with applicable law. For example, we respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Copyright Act.
If you believe that your content or information has been copied in a way that constitutes copyright, trademark, and/or patent infringement, please provide us with the following information: (i) a physical or electronic signature of the IP owner or a person authorized to act on their behalf; (ii) a description of the work or other IP rights claimed to have been infringed (and registration information if such work is registered with the U.S. Copyright Office); (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (such as the username); (iv) your contact information, including your name, address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the IP’s owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the IP owner.
We reserve the right to remove any content alleged to be infringing without prior notice and at our sole discretion. Our designated agent for notices of alleged IP infringement appearing on the Application is:
298 5th Avenue | 4th Floor || New York, NY 10001
Attn: IP Claims
21. LOCAL LAWS
Vytaliz makes no representation that content or materials in the Application are appropriate or available for use in jurisdictions outside the United States. Access to the Application from jurisdictions where such access is illegal is prohibited. If you choose to access the Application from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Vytaliz is not responsible for any violation of law.
22. EXPORT CONTROL AND RESTRICTED COUNTRIES
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Application and Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Application or Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.
23. LIMITATION ON TIME TO COMMENCE ACTION, GOVERNING LAW, VENUE, JURISDICTION & ARBITRATION
You agree that any cause of action arising out of or related to these Terms, any Services or the Application must be commenced by you within two (2) years after the cause of action arose; otherwise, your ability to bring any case or cause or action against Vytaliz shall be permanently barred. These Terms will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to any conflict of law provisions. This Agreement shall inure to the benefit of each party and its successors and permitted assigns.
Binding Arbitration. Any dispute or claim between you and Vytaliz arising out of, or relating in any way to, the Terms, the Application or your use of the Services (each, a “Dispute”) shall be resolved exclusively by final, binding arbitration, as provided herein. By virtue of this Agreement, you and Vytaliz are each giving up the right to go to court and have any Dispute heard by a judge or jury. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. The provisions of this Section 23 shall constitute your and Vytaliz’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Arbitration Agreement”). Any modification to this Arbitration Agreement must be in writing and signed by you and Vytaliz. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by this Arbitration Agreement, apply applicable law and the facts, and issue a reasoned award. At either party’s option, arbitration may be administered through the American Health Lawyers Association. All arbitrations will be conducted in New York County, State of New York. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
No Class Action Matters. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this Arbitration Agreement. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST VYTALIZ, INCLUDING, BUT NOT LIMITED TO, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. The arbitrator does not have the power to vary this provision.
Fees. We will pay all arbitration filing fees and the arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys’ fees or expert witness fees and expenses. In addition to any right to recover fees and costs under applicable law, if the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Except as specifically permitted in this Agreement, no provision or condition of these Terms can be, nor should be deemed to be, waived, altered, modified or amended unless agreed to in writing by an authorized officer of Vytaliz.
If any provision or condition of these Terms is held to be invalid or unenforceable by reason of any law, rule, administrative order or judicial decision by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby and these Terms shall be carried out as if any such invalid or unenforceable provision or condition were not contained herein.
26. YOUR CONSENT TO THIS AGREEMENT
By accessing and using the Application or the Services, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on this page so that you will always be able to understand the terms and conditions that apply to your use of the Application and the Services.
If you have additional questions or comments of any kind, or if you see anything in the Application that you think is inappropriate, please let us know by email firstname.lastname@example.org, or by sending your comments to:
Vytaliz LLC +1.646.779.8689
298 5th Avenue | 4th Floor | New York, NY 10001
Attn: Customer Care
(646) 779 – 8689
Copyright © 2016 Vytaliz LLC. All Rights Reserved.