Thank you for visiting the website located at www.vedliving.com (the “Site”). The Site is an Internet property of Ved Living, LLC. (“VED LIVING™,” “we” or “us”). You agree to the following VED LIVING™ Website Terms and Conditions (the “Terms and Conditions”), in their entirety, when you: (a) access or use the Site; (b) register as a VED LIVING™ member (“Member”) at the Site, which provides you with access to some or all of the Site’s activities, content, products, services, surveys and tests (collectively, the “VED LIVING™ Services), as well as various interactive features and services (collectively, the “Interactive Services” and together with the VED LIVING™ Services, the “Services”); and/or (c) register for one of promotional offers as offered from time to time (the “Promotions”). [YOU MUST BE 18 YEARS OLD TO USE THIS SITE.]
The Content appearing on the Site is provided for informational purposes only, IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT AND THAT VED LIVING™ DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED IN THE CONTENT. VED LIVING™ shall not be responsible or liable for the accuracy, usefulness or availability of any Content, RELIANCE ON ANY INFORMATION, INCLUDING BUT NOT LIMITED TO THE CONTENT, PROVIDED BY VED LIVING™, IS SOLELY AT THE YOUR OWN RISK. Information and statements regarding some of the products and/or services featured by and through the Site and/or Services have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
Initially, visitors to the Site may be offered a proprietary VED LIVING™ “Constitution survey” and “Plan Based Survey.” Upon completion, VED LIVING™ may invite the visitor to register on the Site to become a Member. Visitors may register for membership by and through their Facebook™ account, or any other means designated by VED LIVING™. VED LIVING™ reserves the right, in its sole discretion, to deny membership, as well as any VED LIVING ™ Offering, to anyone, for any reason whatsoever, as permitted by applicable law. The registration data that you must supply on the Site in order to obtain access to the VED LIVING™ Offerings as a Member may include, without limitation, depending on the method used by you to register: full name; e-mail address; date of birth; home address; user name and password; where you register via your Facebook™ account, your: Facebook™ ID; Facebook™ profile name; Facebook™ profile picture; education history (as included in your Facebook™ account); interests (as included in your Facebook™ account); Facebook™ photographs included in your Facebook™ account; and any and all other information made available to VED LIVING™ by and through your Facebook™ account; and any and all other information requested on the applicable registration form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary to maintain it in an up to date and accurate fashion.
You can access your specific Member account on the Site using your email address and password or logging in via your Facebook™ account as applicable and where authorized by VED LIVING™. You are responsible for maintaining the confidentiality of your Member account, user name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Member account, user name and password.
If you have reason to believe that your Member account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your user name, password, or any credit, debit or charge card number stored) you will notify VED LIVING™ of the problem to avoid possible liability for any unauthorized charges to your account.
To access and use some of our Services you will need to pay the applicable fees described on the Site for such Services, including applicable taxes (the “Subscription Fees”). When you subscribe for such Services, you hereby agree to pay the Subscription Fees, in accordance with billing terms in effect at the time the fee or charge becomes payable, and you agree to abide by the Terms and Conditions like any other user or Member. See the Payment Policy section below.
We reserve the right to change, suspend, or terminate any account, including any feature, content, or service at any time for any reason. We may also place limitations on the use of certain Services, content or features, and/or limit your access to parts of the Site or Services without notice or liability.
VED LIVING™ agrees that it will terminate any paid subscription to Services upon notice from the Member.
A Member’s right to use the Site is subject to any limits established by VED LIVING™ or by the Member’s credit card issuer. If payment cannot be charged to a Member’s credit card or a Member’s charge is returned for any reason, including chargeback, VED LIVING™ reserves the right to either suspend or terminate the Member’s access and account, thereby terminating this Agreement and all obligations of VED LIVING™ hereunder.
VED LIVING™ may reject your application and/or terminate your membership at any time and for any reason, in our sole discretion. Such reasons may include, without limitation: where VED LIVING™ believes that you are in any way in breach of the Agreement; and where VED LIVING™ believes that you are, at any time, conducting any unauthorized commercial activity by and through the Services.
For purposes of the Agreement, “Facebook” shall mean Facebook Inc. Facebook™ is a registered trademark of Facebook Inc.
As a Member, you are granted a non – exclusive, non – transferable, revocable and limited license to access and use the VED LIVING™ Content. VED LIVING™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by VED LIVING™, you may only use the VED LIVING™ Content for your own personal use. No part of the VED LIVING™ Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile , disassemble, reverse engineer or transfer the VED LIVING™ Content and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the VED LIVING™ Content. You may not use the VED LIVING™ Content in conjunction with any other third – party content. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect Content or other information from the Site. You may not exploit any aspect of the VED LIVING™ Content for any commercial purposes not expressly permitted by VED LIVING™. You further agree to indemnify and hold harmless VED LIVING™ for your failure to comply with this Section 11. VED LIVING™ reserves any rights not explicitly granted in the Agreement.
YOU AGREE THAT VED LIVING™, IN ITS SOLE DISCRETION, MAY TERMINATE YOUR USE OF THE SITE AND VED LIVING™ OFFERINGS, AND REMOVE AND DISCARD ANY CONTENT WITHIN THE SITE, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, FOR LACK OF USE OR IF VED LIVING™ BELIEVES THAT YOU HAVE VIOLATED OR ACTED INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THE TERMS AND CONDITIONS. VED LIVING™ MAY ALSO IN ITS SOLE DISCRETION AND AT ANY TIME DISCONTINUE PROVIDING THE SITE AND VED LIVING™ OFFERINGS OR ANY PART THEREOF, WITH OR WITHOUT NOTICE. YOU AGREE THAT ANY TERMINATION OF YOUR ACCESS TO THE SITE AND VED LIVING™ OFFERINGS UNDER ANY PROVISION OF THESE TERMS AND CONDITIONS MAY BE EFFECTED WITHOUT PRIOR NOTICE , AND ACKNOWLEDGE AND AGREE THAT VED LIVING™ MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR MEMBER CONTENT AND/OR BAR ANY FURTHER ACCESS TO SUCH FILES, THE SITE OR VED LIVING™ OFFERINGS. FURTHER, YOU AGREE THAT VED LIVING™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD – PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE VED LIVING™ OFFERINGS. THE TERMS AND CONDITIONS WILL CONTINUE TO APPLY TO YOUR PAST USE OF THE SITE AND VED LIVING™ OFFERINGS. TERMINATION OF YOUR ACCESS TO AND USE OF THE SITE AND VED LIVING™ OFFERINGS SHALL NOT RELIEVE YOU OF ANY OBLIGATIONS ARISING OR ACCRUING PRIOR TO SUCH TERMINATION OR LIMIT ANY LIABILITY THAT YOU OTHERWISE MAY HAVE TO VED LIVING™.
3. Proprietary Rights
All third – party Member Content and other material posted or made available by and through the VED LIVING™ Offerings including, but not limited to, the design, selection, arrangement and coordination of such VED LIVING™ Offerings, is owned by, or licensed to, VED LIVING™ and is protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the VED LIVING™ Offerings and/or third – party Member Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without VED LIVING™’s prior express written consent. Except as expressly provided in the Agreement, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity, service marks or trademarks with respect to any of the VED LIVING™ Offerings, third – party Member Content or any document, software, services or other materials viewed at or through same. The posting of information or material by and through the VED LIVING™ Offerings by VED LIVING™, any Member or any Third – Party Provider does not constitute a waiver of any right in or to such information and materials. VED LIVING™ reserves all rights not expressly granted in the Agreement. The “VED LIVING™” name and logo are trademarks of VED LIVING™. All custom graphics, icons and service names are trademarks and/or copyrights of VED LIVING™. All other trademarks are the property of their respective owners. The use of any VED LIVING™ trademarks, service marks, copyrights, patents, trade secrets, domain names, and/or other proprietary rights without VED LIVING™’s express written consent is strictly prohibited.
4. Bypassing or Disabling any Portion of the VED LIVING™ Offerings or Software
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the VED LIVING™ Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on the VED LIVING™ Offerings infrastructure. If you bypass or disable any portion of the VED LIVING™ Offerings or associated software including, without limitation, the blocking of cookies, or blocking the operation of any other VED LIVING™ systems, you are in violation of the Agreement and VED LIVING™ may suspend or terminate your use of the VED LIVING™ Offerings without notice. Termination of your access to the VED LIVING™ Offerings will not excuse you from any criminal or oth er civil liability that may result from your actions.
You agree to indemnify and hold VED LIVING™, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co – branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third – party due to or arising out of: (a) your use of any of the VED LIVING™ Offerings; (b) your breach of the Agreement; (c) your violation of any rights of another individual and/or entity; (d) any dispute between you and any Member, Third – Party Provider or other third – party; (e) your Member Content; and (f) any dispute between you and Facebook™ and/or Twitter™. The provisions of this Section 14 are for the benefit of VED LIVING™, its parents, subsidiaries and/or affiliates, an d each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
6. Disclaimer of Warranties
THE VED LIVING™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER VED LIVING™ PRODUCTS AND/OR SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY AND ALL WARRANTIES, EXPRESS AND/OR IMPLIED, ARE DISCLAIMED TO TH E FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON – INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, VED LIVING™ MAKES NO WARRANTY THAT THE VED LIVING™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER VED LIVING™ PRODUCTS AND/OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR – FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE PROGRAMS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC HAPPINESS, MENTAL HEALTH, PSYCHIATRIC OR OTHER BENEFIT OR RELATED OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE VED LIVING™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER VED LIVING™ PRODUCTS AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. VED LIVING™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VED LIVING™, ANY MEMBERS, THIRD – PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE VED LIVING™ OFFERINGS AND/OR MEMBER CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
7. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VED LIVING™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD – PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VED LIVING™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE VED LIVING™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER VED LIVING™ PRODUCTS AND/OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND /OR ANY OTHER VED LIVING™ PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE VED LIVING™ OFFERINGS AND/OR MEMBER CONTENT; (C) THE FAILURE TO REALIZE ANY SPECIFIC PHYSICAL HEALTH, MENTAL HEALTH, PSYCHIATRIC OR OTHER BENEFIT OR RELATED OUTCOME; AND (D) ANY OTHER MATTER RELATING TO THE VED LIVING™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER VED LIVING™ PRODUCTS AND/OR SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, SECURITIES LAW VIOLATIONS, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE VED LIVING™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF VED LIVING™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE ONE HUNDRED DOLLARS ($100.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE VED LIVING™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER VED LIVING™ PRODUCTS AND/OR SERVICES MAY BE BROUGHT BY YOU OR VED LIVING™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND VED LIVING™. ACCESS TO THE VED LIVING™ OFFERINGS, MEMBER CONTENT AND/OR ANY OTHER VED LIVING™ PRODUCTS AND/OR SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS VED LIVING™’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8. Member Information
9. Dispute Resolution Provisions
The Agreement shall be treated as though it were executed and performed in New York, New York, U.S.A. and shall be governed by and construed in accordance with the laws of the State of New York, U.S.A. (without regard to conflict of law principles).
Should a dispute arise concerning the VED LIVING™ Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto the parties agree to submit their dispute for resolution by binding arbitration before the American Arbitration Association in New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; provided, however, that any claims, disputes, actions or proceedings by VED LIVING™ to relating to its intellectual property rights and/or to prevent unfair competition, misappropriation of trade secrets, unauthorized access, fraud, industrial espionage, and or fraud (including compute r fraud) may be brought in the federal courts in the City and County of New York, New York, U.S.A. and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
To the extent permitted by law, you agree that you will not join any arbitral claim with the claim of any other person or entity, and you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against VED LIVING™ and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that VED LIVING™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provide d above; and (ii) is an independent agreement. You may opt – out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
VED LIVING™ makes no claim that the Site or the VED LIVING™ Offerings may be lawfully viewed or that Content may be downloaded outside the U.S.A. Access to the Site and Content and use of the VED LIVING™ Offerings may not be legal by certain persons or in certain countries. If you access the Site and use the VED LIVING™ Offerings from outside the U.S.A., you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Headings used in this Agreement are for convenience only and have no legal or contractual significance. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors, heirs, and assigns of both parties, as the case may be. VED LIVING™ may assign this Agreement in whole or in part at any time without your consent. You may not assign this Agreement or delegate any of your obligations hereunder.
VED LIVING™ may revise and update these Terms and Conditions at any time. Your continued usage of the Site will mean you accept those changes.