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Terms of Use

By using this web site you agree to be bound by the terms in this Terms of Use. You may print and keep a copy of this Agreement. We may change our Terms of Use from time to time. If we do make any changes, we will update this document accordingly (the date of the most recent change is displayed at the top of this document). It is your responsibility to access this document whenever you visit this web site to determine if there have been any changes to the terms of the Terms of Use. By using this web site, you will be indicating that you agree to be bound by the changes. If you do not agree to be bound by the changes, you may not use this web site. You are responsible for all statements made and acts or omissions that occur while using this web site. You may not use this web site for any unlawful purpose.

COPYRIGHT AND LIMITATIONS ON USE

The content and other intellectual property available through this web site (including but not limited to articles, photographs, images, illustrations, audio clips and video clips, software and databases) are the property of Vitalityweb.com, Inc. ("Vitalityweb") or its licensors and is protected by copyright and other intellectual property laws. This web site is also copyrighted as a collective work under United States copyright law. Content received through this web site may be displayed and printed for your personal, non-commercial use only. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through this web site to anyone including, but not limited to, others in the same company or organization without the express prior written consent of Vitalityweb with this one exception: You may, on an occasional and irregular basis, disseminate an insubstantial portion of content from this web site for a noncommercial purpose without charge and transmitted in non-electronic form to a limited number of individuals provided you include all copyright and other proprietary rights notices with such portion of the content in the same form in which the notices appear in this web site, original source attribution, and the phrase "Used with permission from Vitalityweb.com." You may not post any content from this web site to newsgroups, mail lists, or electronic bulletin boards without the prior written consent of Vitalityweb.com.

INTERACTIVE FEATURES

This web site may provide interactive features. Participants are responsible for their own communications and the consequences of posting those communications. Participants agree that they will NOT (and NOT permit others to) take the following actions: (a) use the interactive features for any purpose in violation of local, state, or national laws of any country; (b) post material that is copyrighted unless the participant is the copyright owner or has the permission of the copyright owner to post it in accordance with the terms of this agreement. The participant is responsible for determining what materials are protected by copyright; (c) post material that reveals trade secrets unless the participant has permission from the owner of the trade secrets to post it in accordance with the terms of this agreement; (d) post material that infringes on any other intellectual property, privacy, or publicity rights of others; (e) post material that is obscene, defamatory, threatening, harassing, or abusive to other participants, or any other person or entity; (f) post sexually explicit messages or images; (g) post unsolicited advertisements or business solicitations; (h) disrupt the intended functionality of the interactive features; (i) post chain letters or pyramid schemes; or (j) impersonate another person. Vitalityweb will fully cooperate with any law enforcement authority or court order requesting or directing Vitalityweb to disclose the identity of anyone posting any information or materials. If Vitalityweb believes that one or more of these guidelines have been violated by a participant, that person's authority to use such interactive features may be terminated and the appropriate reports will be made in accordance with local, state, and national laws if necessary.

Screening and Monitoring

Vitalityweb does not screen communications in advance and is not responsible for screening or monitoring material posted by interactive feature participants. Although Vitalityweb may from time to time monitor or review postings, transmissions, and the like, Vitalityweb is under no obligation to do so and assumes no responsibility or liability arising from the content of any such communications nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the site.

Inexcusable Comments

Obscene, defamatory, threatening, harassing, abusive, or otherwise inappropriate information is not allowed and will be removed if Vitalityweb has actual notice of and reasonable grounds (as determined in good faith by Vitalityweb in its sole discretion) to believe that the information is obscene, defamatory, threatening, harassing, abusive, or otherwise inappropriate.

Commercial Use

All unsolicited commercial advertisements are subject to removal from all forums in Vitalityweb's sole and unlimited discretion.

Screen Names

Vitalityweb may require that participants create a screen name that represents his or her onscreen identity. A screen name should only be used by its creator. Impersonating another person is not allowed.

Originality

Any information, comments, or opinions posted in the interactive features must be the original thoughts of the participant. The posting of information that plagiarizes, violates, or infringes upon the right of any third party is not allowed. This includes copyright, trademark, and proprietary rights. Non-original content may only be posted with the permission and due credit of the third party.

Sharing Information

Participants may post their e-mail addresses to allow direct discussion between participants outside of the interactive features. Posts from participants may contain links to sites on the Internet which are owned and operated by third parties. Vitalityweb is not responsible for the availability of, or the content located on or through, any external site. If you choose to proceed to an external site, you proceed at your own risk. Vitalityweb does not represent or endorse the accuracy or reliability of any content posted in any discussion area and reliance upon such content shall be at your sole risk. Any content placed in any interactive features by participants are the views of the participant posting the statement and do not represent the views of Vitalityweb.

Vitalityweb's License

Interactive feature participants grant Vitalityweb a perpetual, royalty-free, irrevocable, and nonexclusive license to use, reproduce, modify, publish, translate, distribute, perform, and display materials posted by participants, alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such material through multiple tiers of sub-licensees. Furthermore, Vitalityweb is free to use any ideas, concepts, know-how, or techniques contained in any communication participants send to the Vitalityweb site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information. Vitalityweb reserves the right to prevent users from accessing Vitalityweb interactive features and to remove communications for any reason in its sole and unlimited discretion including for violation of this agreement.

TRADEMARKS

Vitalityweb, Vitalityweb.com, Backsport, Backsport Health Products, Vitalfoam, are trademarks of Vitalityweb.com, Inc. Vitalityweb's trademarks may not be used in connection with any product or service that is not Vitalityweb's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Vitalityweb or its affiliates.

DISCLAIMER OF WARRANTIES AND LIABILITY

DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN SUCH CONTENT. VITALITYWEB AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, TRUTHFULNESS, RELIABILITY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH VITALITYWEB. VITALITYWEB DOES NOT ENDORSE ANY OPINIONS EXPRESSED BY PARTICIPANTS. PARTICIPANTS ACKNOWLEDGE THAT ANY RELIANCE ON MATERIAL POSTED BY OTHER PARTICIPANTS WILL BE AT THEIR OWN RISK. NEITHER VITALITYWEB NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY OR INDIRECTLY FROM USE OF ANY VITALITYWEB WEB SITE, WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING, OR DELIVERING ANY VITALITYWEB WEB SITE FEATURES OR CONTENT. IN NO EVENT WILL VITALITYWEB, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN BY USERS IN RELIANCE ON SUCH FEATURES OR CONTENT. VITALITYWEB AND ITS AFFILIATES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE TO USERS OR ANYONE ELSE FOR ANY CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

LIMITATION OF LIABILITY

YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF VITALITYWEB, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THIS WEB SITE OR THE CONTENT IN THIS WEB SITE SHALL BE LIMITED TO TWO HUNDRED DOLLARS.

THIRD-PARTY SITES

Mention of and links to third party companies and products are for informational purposes only and constitute neither an endorsement nor a recommendation and are not intended to suggest any affiliation unless expressly stated.

YOU MAY BE ABLE TO ACCESS OTHER INTERNET SITES NOT CREATED BY VITALITYWEB OR ITS AFFILIATES THROUGH THIS WEB SITE. THE RELIABILITY, AVAILABILITY, LEGALITY, PERFORMANCE, AND OTHER ASPECTS OF RESOURCES ON INTERNET SITES OTHER THAN THOSE CREATED BY VITALITYWEB OR ITS AFFILIATES IS BEYOND VITALITYWEB'S CONTROL, AND VITALITYWEB MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH SITES.

GOVERNING LAW AND JURISDICTION

YOUR USE OF THIS WEB SITE AND ALL RELATED RIGHTS AND OBLIGATIONS SHALL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF CALIFORNIA, AS IF YOUR USE WAS A CONTRACT WHOLLY ENTERED INTO AND WHOLLY PERFORMED WITHIN THE STATE OF PROCEEDING WITH RESPECT TO THIS WEB SITE OR ANY MATTER RELATED THERETO MAY BE BROUGHT EXCLUSIVELY IN THE COURTS OF THE STATE OF CALIFORNIA VENUED IN SAN DEIGO OR OF THE UNITED STATES OF AMERICA FOR THE STATE OF CALIFORNIA VENUED IN SAN DIEGO. BY USING THIS WEB SITE, YOU ACCEPT GENERALLY AND UNCONDITIONALLY THE JURISDICTION OF THE AFORESAID COURTS AND IRREVOCABLY WAIVE ANY OBJECTION TO SUCH JURISDICTION.

PRIVACY POLICY

Vitalityweb's use of individually identifiable information is governed by Vitalityweb's Privacy Policy.

Copyright © 1996-2002 Vitalityweb.com,Inc.

ALL RIGHTS RESERVED.

This Privacy Policy applies to the operations of Vitalityweb.com, Inc. and its affiliates ("Vitalityweb") and will be periodically assessed against its customers' concerns, Vitalityweb's business objectives, industry standards, the availability of applicable technologies, and other considerations. Vitalityweb may change its privacy practices from time to time. If any such changes are made, Vitalityweb will update this Privacy Policy accordingly (the date of the most recent change is displayed at the top of this document).

VITALITYWEB COMPLIES WITH ALL APPLICABLE U.S. FEDERAL, STATE, AND LOCAL LAWS GOVERNING THE USE OF INDIVIDUALLY IDENTIFIABLE INFORMATION.

Vitalityweb collects information from multiple sources, including electronic, print, verbal and third-party sources. In addition, Vitalityweb may aggregate information from multiple individuals and multiple sources to improve the quality or expand the depth of the information collected.

Vitalityweb may use the information it collects, individually or aggregated with other information, to improve its products and services, to customize its products and services, to provide notice of updates to or new features of its products and services and for other business purposes (for example, providing individuals with notice of third-party products and services).

In addition to any options that may be made available when Vitalityweb collects individually identifiable information, Vitalityweb may also provide a mechanism for 'opting out' of having individually identifiable information shared with unaffiliated third parties for unsolicited marketing. The availability of such opt-out mechanisms may vary depending on the particular source of the information collected and the extent that Vitalityweb has implemented the technology and operational procedures necessary for the processing of opt-out requests. Individuals may not be able to opt-out of uses specifically requested or consented to, uses associated with the maintenance of accounts, or certain other operational business uses. Note that additional communications from third parties may continue after submission of an opt-out request while Vitalityweb processes the request. Also note that your information may exist in multiple lists within Vitalityweb and its technology may limit the processing of an opt-out request to the specific list source related to the request. Information received by third parties prior to Vitalityweb's receipt and processing of an opt-out request will not be subject to the opt-out request.

January 16, 2002

  

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