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PRIVACY - TERMS OF USE (updated in May, 2010)
By using the VitalityXpress “VX” web site, you agree to the following Terms of Use. If you do not agree to all of these terms, please do not use this web site. VX reserves the right to change, modify, add, or delete portions of these Terms of Use at any time. Your continued use of this web site following any changes to the Terms of Use will mean that you accept those changes. Please refer to the date listed above to determine when the last changes were made. How we use Personal Information/Privacy: This web site is owned and operated by VX, a division of Vitality Concepts, a California corporation; or Vitality Concepts Corporation KK, a Tokyo based Japanese corporation, respectively. By using this site, you agree that VX may monitor your use of this web site and may use the results of such monitoring without limitation.
During your visit to our web site, we may request and collect personal information from you, such as your name, email address, physical address, telephone number and any other personal information you share with us. The information you will be asked to provide to us is voluntary only; you will always have the possibility to opt out by not providing the information if you so choose. The information we gather from you is used either in connection with your interest in services offered by VX, or if you have questions or concerns you would like to share with VX. Some non-identifiable information is gathered from you for statistics or a marketing survey.
VX does not disclose, give, sell, or transfer any personal information to third parties for non-VX use. Personally identifiable information may be collected from visitors to our site and provided in an aggregate form to other parties within the VX network for marketing, advertising or other similar uses. We provide several ways to e-mail us with questions or to fill-in and/or submit forms as you navigate through our site. Please note that any information sent through an e-mail message is unsecured and can be seen on computers which transfer data from your computer to VX. Forms containing personal or medical data are transmitted securely which is indicated by “https” in the address line or by a closed lock icon at the bottom of the screen. We recommend that you do not email sensitive personal health information via unsecured server. Should you choose to provide information in this manner, you do so at your own risk. Cookies: Please be aware that your browser must be enabled to accept cookies in order for you to use certain areas of our site. A cookie is a piece of text that a web server stores on your hard drive so that it can be retrieved later. It helps us determine how many readers visit our web site, whether those readers are repeat visitors, whether you have already used our feedback comments link, or the status of your shopping cart in online ordering. We do not use this information for any other purpose and we do not make it available to third parties. All of the information we obtain from you is stored in our database and may be retrieved by people who are gathering that information. A cookie containing your unique ID is all that is stored on your computer. Copyright: You may not copy, reproduce, republish, post, retransmit, or distribute in any way any of the information or materials in this web site without the prior written consent of VX. To request such permission, send an email message to
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including your name, address, the information you are requesting to distribute, and the purpose for that distribution. You may download a copy of the materials on this web site on a single computer for personal, noncommercial use, but only if you do not remove any copyright, trademark, or other proprietary notices from the materials you download. You agree to indemnify VX if you infringe on any of VX’s copyrights or trademarks. You may not restrict or inhibit any other user from using this web site. List of Service Marks or Trademarks: VX owns the following service marks and trademarks:
Maturity is required of user of this Web Site: This site is intended for use by adults and youth at the age considered legal age for the purpose of using information provided in this web site, in their country of residence. People younger than legal age, should seek permission from their parent or guardian to use this web site and any information submitted on their behalf to this web site must be by a parent or guardian.
No contractual or legal rights are created by the Terms of Use or any of the Content:
These Terms of Use and the materials contained in this web site are not intended to, and do not, create any contractual or other legal rights on behalf of any party. Content of this Web Site is Information – No Medical Diagnosis or Advice is expressed or implied:
The content and materials provided in this web site are for informational and educational purposes only and are not intended to diagnose or treat any medical condition as supplement or in lieu of a medical diagnosis or therapy by a licensed physician. Nothing contained on this web site, by text, sound or by images, or links to external and unaffiliated web sites may be construed as to provide medical advice.
Links to Third Party web sites:
Links to external information or documentation sources are provided for convenience and reference only, these sites may not be affiliated with VX and VX does not necessarily agree with or condone the information provided by third parties. Information provided by linked web sites are the sole responsibility of the owner of the respective web sites and the use of information obtained from linked web sites is at the sole responsibility of the user of these sites. You hereby waive any claim against VX for any loss or damage incurred by your use of linked sites and you expressly declare it your own responsibility to verify the correctness, completeness and applicability of any information obtained from the use of such sites.
VX DOES NOT PROFESS OR GUARANTEE THE ACCURACY, TIMELINESS OR COMPLETENESS OF INFORMATION AND CONTENT AND MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE USE OF SUCH INFORMATION AND CONTENT. VX ASSUMES NO LIABILITY OR RESPONSIBILITY WHATSOEVER OF ANY KIND FOR THE INFORMATION OR SUBSTANCE CONTAINED IN THE WEB SITE, OR FOR ANY DIAGNOSIS OR TREATMENT MADE IN RELIANCE THEREON. Third Party Advertising: THIRD PARTIES MAY OFFER GOODS AND SERVICES TO YOU THROUGH MARKETING THAT IS MADE AVAILABLE AT OR THROUGH THIS WEB SITE. UNLESS OTHERWISE EXPRESSLY STATED, VX MAKES NO ENDORSEMENT REGARDING SUCH PARTIES, NOR DOES VX MAKE ANY REPRESENTATION, RECOMMENDATION OR WARRANTY WITH RESPECT TO THESE THIRD PARTIES' GOODS, SERVICES OR ADVERTISING. YOU AGREE TO HOLD VX HARMLESS IN CONNECTION WITH THE SELECTION OF THIRD PARTY ADVERTISERS, AS WELL AS THEIR ACTS AND OMISSIONS. DISCLAIMER OF WARRANTIES: ALL MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND VX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF THE MATERIAL PROVIDED HEREIN, EXPRESS OR IMPLIED, INCLUDING ANY: (I) IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE, (II) WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND (III) WARRANTIES OF NON-INFRINGEMENT.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VX IN CONNECTION WITH THIS WEB SITE WILL CREATE ANY WARRANTY.
Restrictions by Law: VX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY OF THE SERVICES OR PRODUCTS PROVIDED ON THIS WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY SUCH SERVICES OR PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN ANY SUCH SERVICES OR PRODUCTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, VX DOES NOT WARRANT OR MAKE ANY CLAIMS THAT ANY OR ALL OF THE SERVICES LISTED CAN BE LEGALLY PERFOMED IN ALL COUNTRIES OR STATES. WHERE THE LAW RESTRICTS SUCH SERVICES THEY ARE CONSIDERED VOID, INCLUDING SERVICES INCLUDED IN VitalityXpress CLUB MEMBERSHIP. WHERE THE LAW PROHIBITS RENDERING OF CERTAIN SERVICES, THERE IS NO RECOURSE OR REFUND OF FEES. VX MAKES NO REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY SUCH SERVICES OR PRODUCTS IN TERMS OF ITS CORRECTNESS, COMPLETENESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. VX ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE INFORMATION, DATA OR CONTENTS GENERATED BY YOU IN CONNECTION WITH THE USE OF THIS WEB SITE OR ANY OF THE SERVICES. VX EXERCISES NO AUTHORITY OVER SUCH INFORMATION, DATA AND CONTENTS, DOES NOT REVIEW OR MONITOR SUCH INFORMATION, DATA AND CONTENTS, AND WILL NOT BE LIABLE OR RESPONSIBLE FOR DETERMINING THE ACCURACY, TIMELINESS, COMPLETENESS, APPLICABILITY OR CORRECT USE THEREOF.
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