Effective as of January 01, 2022
Service allows User to:
- Provide and engage in virtual and on-site health, nutrition and wellness counseling, coaching and related advisory services; and
- Utilize a web-based platform to record health and wellness indications and track patient/client goals and progress.
Account Registration & Permitted Users:
If User wants to access and use Services, User must create an account (“Account”). It is important that User provide VYALUX with accurate, complete, and up-to-date information for Account. If User does not, VYALUX may suspend or terminate User’s Account. User agrees that User won’t disclose Account password to anyone and will notify VYALUX immediately of any unauthorized use of Account. User is responsible for all activities that occur under Account, whether or not User is aware of activity. VYALUX is committed to protecting the privacy of juveniles and has no intention of collecting personal information from individuals under the age of 18. If User is under the age of 18, do not submit personal information to Services without the consent of a parent or guardian. Juveniles under the age of 13 are not permitted to use Services.
Online Content Disclaimer:
Opinions, advice, statements, offers, or other information or content made available through Services, but not directly by VYALUX, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. VYALUX does not guarantee the accuracy, completeness, or usefulness of any information on Services and neither does VYALUX adopt nor endorse, nor is VYALUX responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than VYALUX. VYALUX takes no responsibility and assumes no liability for any User Content that User or any other User or third-party posts or sends over Services. Under no circumstances will VYALUX be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on Services, or transmitted by Users.
Although User’s and User’s patients/clients may seek and access medical advice through Services, Services themselves, and all related content, DO NOT consist of, nor provide, medical advice and are not a substitute for medical advice. Users and User’s patients/clients should always seek the advice of a licensed medical provider before undertaking any treatment plan. Reliance on any information provided by or found on Services is purely at User’s and User’s patient’s/client’s own risk. To the extent Users or User’s patients/clients access medical advice through Services, the medical provider is solely responsible for all advice, diagnosis, treatment, prescriptions, or other exchanges that may occur between such medical provider, User and User’s patient/client. VYALUX is not liable for any action or inaction of such medical provider, User or User’s patient/client, regardless of whether a User or User’s patient/client accesses such medical provider through Services.
Restrictions of Use:
User’s permission to use Services is conditioned upon the following. User agrees that User will not, under any circumstances:
- Post any information that is abusive, threatening, obscene, defamatory or libelous;
- Use Services for any unlawful purpose or for the promotion of illegal activities;
- Attempt to, or harass, abuse, or harm another person or group;
- Use another User’s Account without permission;
- Provide false or inaccurate information when registering an Account;
- Interfere or attempt to interfere with the proper functioning of Services;
- Perform racial, sexual, religious, or otherwise objectionable and/or offensive activities;
- Make any automated use of Services, or take any action that VYALUX deems to impose or to potentially impose an unreasonable or disproportionately large load on VYALUX’s servers or network infrastructure;
- Bypass any robot exclusion headers or other measures VYALUX takes to restrict access to publish or link to malicious content intended to damage or disrupt another User’s Services; or
- Use any computer, browser, software, technology, or device to scrape, spider, or crawl Services or harvest or manipulate data.
Further, when transmitting and submitting any User Content (as defined below) while using Services, User agrees as follows:
- User is solely responsible for User’s Account and the activity that occurs while signed in to or while using Account;
- User will not post information that is malicious, false or inaccurate;
- User will not submit content that is copyrighted or subject to third-party proprietary rights, including privacy, publicity, trade secret, etc., unless User is the owner of such rights or has the appropriate permission from the rightful owner to specifically submit such content; and
User Content & License:
User understands and acknowledges that User is solely responsible for all information, data, text or other materials or content that User posts, transmits privately or makes public via Services (“User Content”) and that VYALUX is not responsible or liable for said information. When User posts, transmits or makes information public through Services, User grants VYALUX a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and User’s name, voice, and/or likeness as contained in User’s User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with Services. User agrees that VYALUX is only acting as a passive conduit for User’s online distribution and publication of User’s User Content. VYALUX, however, reserves the right to remove any User Content from Services at VYALUX’s discretion.
Subscription Fees and Charges:
User agrees to pay the fees for Services in accordance with the applicable fee schedules listed here. User authorizes VYALUX to charge the User's designated card on file, as specified by User through the VYACARE Platform, for all fees as they become payable. Fees for Services are based on a month-cycle with the first monthly payment prorated to the 1st day of the following month. Thereafter, all payments shall occur on or about the 1st day of the month.
User is required to pay fees in full even if User does not use the platform. Should User upgrade an Account subscription mid-payment cycle, "already paid fees" will be applied on a prorated basis to the new subscription. Should User downgrade an Account subscription mid-payment cycle, changes will go into effect in the next payment period. All fees are non-refundable and non-transferrable, including annual subscriptions. In the event of canceling an annual subscription, said subscription will end on the 365th day from the last payment.
VYALUX may charge additional fees for exceptions, processing, set up, training, coding, and other special services, including optional add-on services. Additional fees will be explicitly communicated during the set-up process.
Links to Other Sites:
As part of Services, VYALUX may provide User with convenient links to third-party website(s) (“Third-Party Sites”), as well as content or items belonging to or originating from third parties (“Third-Party Applications, Software or Content”). These links may be provided for a predetermined fee or as a courtesy to Users.
VYALUX has no control over Third-Party Sites and Third-Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third-Party Applications, Software or Content. Such Third-Party Sites and Third-Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by VYALUX, and VYALUX is not responsible for any Third-Party Sites accessed through the Site or any Third-Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software or Content.
Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software or Content does not imply approval or endorsement thereof by VYALUX. If User decides to leave the Services and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, User does so at User’s own risk and User should be aware that VYALUX terms and policies no longer govern. User should review the applicable terms and policies, including privacy and data gathering practices, of any site to which User navigates from Services or relating to any applications User uses or installs from Services.
(a) Termination of Repeat Infringer Accounts. VYALUX respects the intellectual property rights of others and requests that Users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, VYALUX has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users of Services who are repeat infringers. VYALUX may terminate access for Users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on Services infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) (“DMCA”) by sending the information via electronic mail to VYALUX’s designated copyright agent at: firstname.lastname@example.org.
The foregoing does not affect User’s non-waivable rights. VYALUX may also use User’s email address, to send User other messages, including information about VYALUX and special offers. User may opt out of such email by sending an email to email@example.com. Opting out may prevent User from receiving messages regarding VYALUX, VYACARE or special offers. Communications made by User through the Services’ email and messaging system shall not constitute legal notice to VYALUX or any of its officers, employees, agents or representatives in any situation where notice to VYALUX is required by contract or any law or regulation to be in writing.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, VYALUX EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, REGARDING THE SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, VYALUX MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. USER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM USER’S DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT BE APPLICABLE.
Limitation of Damages:
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VYALUX, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO USER FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF USER’S USER CONTENT; (B) USER’S USE OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH VYALUX OR ANY OTHER USER OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VYALUX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT BE APPLICABLE.
Modification of Terms: