TERMS & CONDITIONS
Revised: January 14, 2022
Intellectual Property Rights
Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us.
You represent that you are thirteen years of age or older.
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
You agree that by participating in any live events, including without limitation, webinars, conferences, group discussions, or in person events, you grant us or anyone authorized by us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your photo, audio and video of you, likenesses, and any and all related materials, in whole or in part, in any manner or medium, now known or hereafter developed.
In connection with the exercise of any rights set forth in this Section, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions, or the person represented by your photo or voice or other information, by name, email address or screen name, as we deem appropriate.
You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not The Vital Lawyer . Neither The Vital Lawyer nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, The Vital Lawyer neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED BY THE VITAL LAWYER AND ON OR THROUGH THE SITE BY THE VITAL LAWYER AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SERVICES AND THE USE OR THE RESULTS OF THE USE OF THE SERVICES, SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
THE CONTENT AND INFORMATION PROVIDED ON THIS WEBSITE OR OTHERWISE BY THE VITAL LAWYER IS NOT INTENDED TO BE LEGAL ADVICE. YOU SHOULD CONSULT A LAWYER DIRECTLY IF YOU ARE SEEKING ANY LEGAL ADVICE.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE OR OTHERWISE PROVIDED BY THE VITAL LAWYER:
THIS SITE AND CERTAIN SERVICES PROVIDED BY THE VITAL LAWYER OFFER HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND ARE DESIGNED AND INTENDED FOR INFORMATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL BEFORE IMPLEMENTING ANY PARTICULAR TOOLS OR PRACTICES OR IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR
HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE OR BECAUSE OF ANY OTHER INFORMATION PROVIDED BY THE VITAL LAWYER. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE AND BY THE VITAL LAWYER IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
You agree at all times to defend, indemnify and hold harmless The Vital Lawyer its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that The Vital Lawyer shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
This Site or other of our Services may include a variety of features, such as bulletin boards, web logs, chat rooms, Zoom rooms, webinar participation, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site or Services. It is a condition of your use of the Site or Services that you do not:
Restrict or inhibit any other user from using and enjoying the Site.
Use the Site to impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide the Site or its
features, or disobey any requirements, procedures, policies or regulations of the
networks we use to provide the Site.
Use the Site to instigate or encourage others to commit illegal activities or cause
injury or property damage to any person.
Gain unauthorized access to the Site, or any account, computer system, or
network connected to this Site, by means such as hacking, password mining or
other illicit means.
Obtain or attempt to obtain any materials or information through any means not
intentionally made available through this Site.
Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
We may host message boards, chats and other public forums on our Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. The Vital Lawyer or its designated agents may remove or alter any user- created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by The Vital Lawyer staff, The Vital Lawyer outside contributors, or by users not connected with The Vital Lawyer some of whom may employ anonymous user names. THE VITAL LAWYER EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND ENDORSEMENT AND MAKES NO REPRESENTATION AS TO THE VALIDITY OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT MADE OR DISPLAYED IN THESE FORUMS BY THIRD PARTIES, NOR ARE WE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN SUCH POSTINGS, OR FOR HYPERLINKS EMBEDDED IN ANY MESSAGES. UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, SUPPLIERS OR AGENTS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THESE FORUMS. THE OPINIONS EXPRESSED IN THESE FORUMS ARE SOLELY THE OPINIONS OF THE PARTICIPANTS, AND DO NOT REFLECT THE OPINIONS OF THE VITAL LAWYER OR ANY OF ITS SUBSIDIARIES OR AFFILIATES.
The Vital Lawyer has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
To use certain features of the Site, you may need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR ANY OF OUR AFFILIATES (FOR CLARIFICATION, INCLUDING GAIL M BENNETT LEGAL PLLC) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING THE SITE, MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, FORMAT, OR MANNER, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, OR ANY OTHER OF OUR PRODUCTS AND SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, THE PRODUCTS, SERVICES AND/OR MATERIALS. NOTWITHSTANDING ANY OTHER TERM HEREIN, IN NO EVENT SHALL THE VITAL LAWYER’S AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE EXCEED THE GREATER THE AMOUNTS PAID BY YOU FOR THE APPLICABLE SERVICES OR ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Modifying and Terminating Services
THIS SITE AND THE SERVICES ARE CONTINUALLY UNDER DEVELOPMENT AND THE VITAL LAWYER MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course may specify its own refund policy. If no specific refund policy is specified, no refund is available.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by The Vital Lawyer infringe your copyright, you, or your agent may send to The Vital Lawyer a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon The Vital Lawyer actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the The Vital Lawyer permits you to send to The Vital Lawyer a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/ for details. The Vital Lawyer’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: Support@melindawittstock.com
This Agreement shall be binding upon and inure to the benefit of The Vital Lawyer and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of The Vital Lawyer. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by The Vital Lawyer to any affiliated entity or any of its wholly owned subsidiaries
All disputes shall be governed by and construed in accordance with the laws of the State of Washington and any dispute shall be subject to binding arbitration in Seattle, Washington. Notwithstanding the foregoing, either party may pursue an injunction or any action in connection with the determination of intellectual property rights in the proper court. The jurisdiction and venue for actions related to this Agreement or the subject matter hereof will be the courts located in Seattle, Washington, and both parties irrevocably consent to such personal jurisdiction of such courts and waive all objections thereto.
Class Action Waiver
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
If any clause within this Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Agreement, and the remainder of this Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Agreement will be unenforceable and the dispute will be decided by a court.
We may change this policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy. We encourage you to review this policy frequently to stay informed about our information practices and the choices available to you.