Welcome to Vitalipedia. By accessing or using our website, you agree to be bound by these Terms of Service (“Terms”). These Terms apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of its services.
We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
- Use of the Website
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products or services for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your access to our services.
- Modifications to the Website and Prices
Prices for our products and services are subject to change without notice.
We reserve the right at any time to modify or discontinue the website (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the website.
- Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
- Third-Party Links
Certain content, products, and services available via our website may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
- Disclaimer of Warranties and Limitation of Liability
We do not guarantee, represent, or warrant that your use of our website will be uninterrupted, timely, secure, or error-free.
You expressly agree that your use of, or inability to use, the website is at your sole risk. The website and all products and services delivered to you through the website are (except
as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Vitalipedia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the website or any products procured using the website, or for any other claim related in any way to your use of the website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website or any content (or product) posted, transmitted, or otherwise made available via the website, even if advised of their possibility.
You agree to indemnify, defend, and hold harmless Vitalipedia and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
- Entire Agreement
These Terms and any policies or operating rules posted by us on this site or in respect to our services constitute the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
- Governing Law
These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Quebec, Canada.
- Changes to Terms of Service
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the services following the posting of any changes to these Terms constitutes acceptance of those changes.
- Contact Information
Questions about the Terms of Service should be sent to us at [email protected].
- User-Generated Content
You may submit reviews, comments, suggestions, ideas, and other materials or information (“User Content”) to our website, provided that such User Content does not violate these Terms or any applicable laws. By submitting User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You represent and warrant that you own or otherwise control all the rights to the User Content that you post; that the User Content is accurate; that use of the User Content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify Vitalipedia for all claims resulting from User Content you supply. We reserve the right to remove or edit any User Content at our sole discretion.
- Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the website or any related website for violating any of the prohibited uses.
- Dispute Resolution
Any dispute or claim relating in any way to your use of the website, or to any products or services sold or distributed by Vitalipedia will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
- Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, strikes or other industrial action, fire, flood, or failure of public or private telecommunications networks. Our performance under these Terms is deemed to be suspended for the period that the force majeure event continues, and we will have an extension of time for performance for the duration of that period.
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer any of our rights or obligations under these Terms at any time without your consent.
Any notices or other communications required or permitted to be given under these Terms shall be in writing and delivered by email to the address provided by you when registering for an account, or the address provided by us when you contact us. Notices shall be deemed to have been given and received on the date of transmission if sent by email.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
- Contact Us
If you have any questions or concerns about these Terms, please contact us at:
Vitalipedia 125 Rue Lamarche, Laval, Quebec, Canada, H7X4E6 Email: [email protected]