Last Modified Date: May 23, 2012
The following Terms, conditions, disclaimers, policies, reminders, guidelines and statements (collectively, "Terms") comprise a legal agreement between You and Vayables, LLC. ("Vayables"). "You," "Your" and the "User" as used in these Terms means the person accessing and using the site ("Site"). You agree that You are at least 18 years of age. By accessing, browsing and/or using this Site, You acknowledge that You are of legal age to enter into a binding contract with Vayables and You have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations. If You do not agree to these Terms, do not use this Site.
In addition, the Site may contain special sections which may have restricted access and/or be subject to additional terms, conditions, policies, reminders and/or guidelines (collectively "Additional Terms"). All purchases through our Site or other transactions for the purchase and sale of products, services or information are governed by the Additional Terms. Your access to and use of those sections of the Site is conditioned on Your acceptance of those Additional Terms as they may be posted from time to time, which are hereby incorporated by reference. We may, in our discretion, add, change, or remove portions of the Terms or Additional Terms at any time. All changes are effective immediately when we post them and they apply to all use and access to the Site thereafter. You should check these Terms and the Additional Terms periodically for changes. Your continued access and use of the Site after the posting of changes will mean You agree to abide by those changes.
Vayables may, in its sole discretion, without notice or any further obligation to You, and for any reason or no reason: (a) temporarily suspend or permanently discontinue Your access to, and refuse any and all current and future access to or use of the Site and/or the products and services available on the Site, or (b) take any other actions it deems in its sole discretion to be necessary or appropriate. Vayables may update the content of the Site from time to time, but its content at all times is not necessarily complete or up to date. Any of the materials in the Site may be out of date at any given time and we are under no obligation to update such materials.
The material provided on this Site is protected by law, including but not limited to, United States Copyright Law. This Site is controlled and operated by Vayables from its offices within the United States. Vayables makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. The use of this Site and the materials contained herein are governed by the laws of the State of North Carolina.
The Site may contain links to websites and other resources operated by third parties other than Vayables. Such links are provided solely as a convenience to You. This includes links contained in advertisements (including banner advertisements) and sponsored links. Vayables does not control such websites, and is not responsible for the contents, or products, services or other content offered through such websites. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Information on the Site is not intended as and should not be substituted for educational, medical, legal, psychiatric, employment or other professional advice.
By this Agreement, Vayables grants to You, subject to these Terms, a non-transferable and non-exclusive license to use for Your personal use only any software and documentation, together with all updates, enhancements, modifications, and fixes thereto, which are owned by Vayables and/or its licensors.
You must provide, at Your own cost, all equipment and services (including where necessary, telephone service and internet access service) necessary to access the Site.
Copyright, Licenses, Trademarks, Service Marks, Use Restrictions and Idea Submissions
The copyright of all materials provided on this Site is held by Vayables or by the original creator of the materials. Trademarks and service marks appearing on the Site may be owned by Vayables or by other parties including third parties not affiliated with Vayables. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Vayables or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided You do not modify the materials and that You retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if You breach any of these Terms. Upon termination, You must immediately destroy any downloaded and printed materials. You also may not, without Vayable's permission, "mirror" any material contained on this Site. Any unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You agree that You will not: (a) access the Site for any purposes that is unlawful or prohibited by these Terms; (b) violate any local, state, federal and international laws and regulations; (c) transmit any material that is unlawful, disruptive, threatening, profane, abusive, or otherwise objectionable, transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation; (d) use the Site in any manner that could damage, disable, interfere with or impair the Site or interfere with any other party's use and enjoyment of the Site; (e) forge headers, create a false identity or otherwise manipulate identifiers or take other actions to disguise or hide Your identity or the origin of any User information You provide; (f) fail to provide Your true identity when providing identifying information, or fail to use a valid personal email address that You access regularly so that emails can be sent to you; (g) upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files or similar software or programs; submit, display or transmit to the Site any User information in violation of these Terms; (h) disclose any names of or other information capable of identifying anyone under the age of 18; (i) disclose any names, identifying information or personal or private information of third parties except with their express prior consent; (j) use the Site to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity; or (k) publish, post, display or disseminate any profane, obscene, indecent, pornographic, sexually explicit; or inappropriate, unlawful, violent or hateful User information on the Site.
Remedies for Infringement
You acknowledge and agree that any unauthorized use or disclosure by You of the Site or any infringement or violation of Vayables' intellectual property rights shall cause Vayables irreparable injury for which Vayables could not be fully compensated by money damages. You agree that, in the event of such a violation, Vayables would be entitled to seek and recover (in addition to any other available remedies) preliminary and permanent injunctive relief without the necessity of posting bond or security, and further that Vayables would be entitled to recover from You its attorneys' fees and costs incurred in seeking and obtaining such relief.
Vayables is not responsible for the comments and postings in the Social Media Sites and reserves the right to monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue Your access to any Social Media Site, at any time, without notice and for any reason and in its sole discretion.
Public Areas of Site
You agree to grant to Vayables a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, publicly display, publicly perform, and create derivative works of any materials and other information (including without limitation, ideas contained therein for new or improved products or services) You submit to the public areas of the Site (such as bulletin boards, forums and chat rooms) by all means and in any media now known or hereafter developed. In addition, You agree that You shall have no recourse against Vayables for any alleged or actual infringement or misappropriation of any proprietary right in Your communication with us.
You agree to indemnify, defend and hold harmless Vayables, its officers, directors, employees, agents, licensors, and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (a) any violation by You of the Terms or any applicable Additional Terms; (b) any violation of this Agreement or any activity related to Your account (including negligent or wrongful conduct) by You or any other person accessing the Site or using Your account; and (c) any dispute between You and another User or any third party.
Third Party Rights
The foregoing Indemnification is for the benefit of Vayables and its officers, directors, employees, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly on behalf of such individual or entity.
Vayables may deliver notice to You under this Agreement by posting announcements or notices to the Site, by means of electronic mail or by written communication delivered by first class U.S. mail to Your address on record in Vayables' account information. You may give notice to Vayables at any time by letter delivered by certified first class postage prepaid U.S. mail or overnight courier to the following address: Vayables, LLC, P.O. Box 11602, Charlotte, North Carolina 28220.
You must maintain the confidentiality of Your User information and/or password ("Password"), and You may not disclose such Password to any other person or entity or permit any other person or entity to access the Site using such Password. You acknowledge and agree that You are responsible for any use of Your user name, user ID, login and/or Password, including any fees incurred. You agree to notify Vayables immediately of any unauthorized use of any Password or any other breach of security of which You are aware. You may not use any Password that is not issued directly to You or approved by Vayables.
Warranties and Disclaimers
The information provided in this Site is compiled from a variety of providers and sources ("Information Providers"). Dietary supplements are not intended to diagnose, treat, cure or prevent disease. Please consult with a healthcare professional before starting any supplementation program. The information contained in this Site is presented in summary form only and is intended to provide general consumer understanding and knowledge of the topics addressed herein. Should You have any healthcare-related questions, please call or see Your physician or other healthcare provider. You should never disregard medical advice or delay in seeking it because of something You have read here. If under medical care or taking medications, You should consult with Your physician as to any impact from the use of Vayables products.
INFORMATION ACCESSED THROUGH THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE ARE HEREBY EXCLUDED. VAYABLES AND INFORMATION PROVIDERS MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS OR COMPLETENESS OF ANY INFORMATION. VAYABLES AND THE INFORMATION PROVIDERS CANNOT AND DO NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. VAYABLES IS NOT RESPONSIBLE FOR UPDATING INFORMATION CONTAINED HEREIN WHICH MAY BE RENDERED OBSOLETE BASED UPON SUBSEQUENT DEVELOPMENTS.
Limitation of Liability
VAYABLES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT VAYABLES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE CONTENT, PRODUCTS OR SERVICES AVAILABLE FROM THE SITE OR ANY LOSS, BUSINESS INTERRUPTION OR OTHER DAMAGES IN CONNECTION THEREWITH.
Limitation of Remedies
WITHOUT LIMITING THE FOREGOING, VAYABLES' LIABILITY IN CONNECTION WITH THE SITE, THE CONTENT, THE PRODUCTS, THE SERVICES OR THESE TERMS SHALL BE LIMITED TO THE AMOUNT A USER PAID FOR ACCESS TO THE SITE, IF ANY.
YOU AGREE THAT THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THESE TERMS ARE REASONABLE, AND WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE.