Sample – Terms of Service – Contract

Date of Last Revision: August 17, 2010

The foundation of our relationship with our members is the TRUE VITALITY Terms of Service, hereinafter referred to as “TOS.” For purposes of this TOS, “TRUE VITALITY” means both TRUE VITALITY, INC. and the website it owns, TRUE VITALITY.COM, further described in the Definition Section of this TOS. For convenience purposes, both the company and the website will hereinafter be referred to as “TRUE VITALITY.”
The Member Agreement, Community Guidelines and Privacy Policy collectively comprise the Terms of Service, “TOS” and they apply to all TRUE VITALITY members, users, and others who interact with TRUE VITALITY. They outline our commitments to you, as well as your rights and responsibilities as a TRUE VITALITY member or other party conducting business with TRUE VITALITY or a party otherwise accessing the TRUE VITALITY website. We encourage you to read the entire TOS, and to use it to make informed decisions. By using or accessing the TRUE VITALITY website (whether or not you are a registered member) you accept and agree to be bound by the entirety of this TOS. If you do not agree to these TOS, please do not enter the TRUE VITALITY website, TRUE VITALITY shall not be liable to you for any breach of these TOS.
All TRUE VITALITY members should review the Terms of Service. The following is a brief description of the three elements of TOS:
1) The Member Agreement contains the basic legal terms of a TRUE VITALITY membership.
2) The Community Guidelines are the code of conduct policies for the TRUE VITALITY community.
3) The Privacy Policy sets out how we use your information and describes what choices you have.

THE TRUE VITALITY – MEMBER AGREEMENT
Welcome to TRUE VITALITY. By registering with TRUE VITALITY or using TRUE VITALITY’S services, you agree to be bound by this Member Agreement and the rules and policies published by TRUE VITALITY (including TRUE VITALITY ‘s Community Guidelines and Privacy Policy). You also agree to transact electronically with TRUE VITALITY. By using the TRUE VITALITY website in any manner whatsoever, you indicate your conclusive acceptance of this TOS.
1. ABOUT THE TRUE VITALITY TERMS OF SERVICE
This Member Agreement, the Community Guidelines and the Privacy Policy collectively make up the TRUE VITALITY Terms of Service, TOS. The TRUE VITALITY Terms of Service govern your TRUE VITALITY membership and your use of the TRUE VITALITY website and any of the TRUE VITALITY online services (as defined below). Certain features and services offered by TRUE VITALITY and its Associates contain additional terms or guidelines that supplement this Member Agreement and will govern the use of those services. You will have an opportunity to review the additional terms before you sign up or use those services.
2. DEFINITIONS
TRUE VITALITY will use the following terms in this Member Agreement:
A. “TRUE VITALITY “ – means the features and services we make available, including through (a) our website at http://www.truevitality.com and any other TRUE VITALITY branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices, goods, services, and/or networks now existing or developed in the future. As stated above, for purposes of this TOS, TRUE VITALITY also means TRUE VITALITY, INC., a business incorporated under the laws of the State of Florida.
B. “Us” “We” and “Our” – means TRUE VITALITY.
C. “Platform” – means the set of API’s and services that enable others, including application developers and website operators, to retrieve data from TRUE VITALITY or provide data to us.
D. “Content” – Including, but not limited to, information, software, communications, photographs, video, graphics, music, sound and other materials provided by you (i.e. posted by you) on or through the TRUE VITALITY website.
E. “Information” – Facts and other information about you, including, but not limited to any actions you take.
F. “Software” – Any software made available from TRUE VITALITY or a Supplier, whether preinstalled, given on a medium, provided by download or made available online that enable you to access and use TRUE VITALITY.
G. “Supplier” – Any third-party distributor of TRUE VITALITY, any third-party provider of software for TRUE VITALITY, any third-party provider of content for TRUE VITALITY and any third-party telecommunications provider.
H. “Account” – The original account you open when you register for TRUE VITALITY membership through which you obtain access to the TRUE VITALITY website and other services, and any sub-accounts opened under your original account, if applicable.
I. “Use” – means use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
J. “Active Registered User” – means a user who has registered with TRUE VITALITY.
K. “Application” – means any application or website that uses or accesses the Platform, as well as anything else that receives data from us.
L. “Data” – means content and information that third parties can retrieve from TRUE VITALITY or provide to TRUE VITALITY through the Platform.
M. “Post” – means making available to the TRUE VITALITY website through use of an application.
N. “Community” – means all TRUE VITALITY members, and any others who access the TRUE VITALITY website, including, but not limited to content providers.
O. “Website” – means the TRUE VITALITY website, located at http://www.truevitality.com.

3. REGISTRATION FOR MEMBERSHIP
You must register in your own name and provide true and current information. TRUE VITALITY will open an account for you when you complete your registration. You will select (or TRUE VITALITY will assign you) a username that will be identified with your account for the life of your account. You can use this username to log on to the website. Usernames may not be vulgar, used by someone else, or impersonate someone else. TRUE VITALITY in its sole discretion may reject the use or assignment of a username. All TRUE VITALITY user names affiliated with your account are the property of TRUE VITALITY and, at TRUE VITALITY’s sole discretion, expire upon the cancellation or termination of your account.
TRUE VITALITY rules and regulations regarding registration and user accounts:
A. You agree to provide true information to TRUE VITALITY and you will not create an account for anyone other than yourself.
B. You will not create more than one (1) personal profile.
C. If TRUE VITALITY disables your account, you will not create another without permission.
D. You will not use TRUE VITALITY if you are under 13.
E. You will not use TRUE VITALITY if you are a convicted sex offender.
F. You will keep your contact information accurate and up-to-date.
G. You will not use TRUE VITALITY for your own commercial gain.
H. You will not share your password, let anyone else use your account, or do anything else that will otherwise jeopardize the security of your account.
I. You will not transfer your account to anyone without the written authorization of TRUE VITALITY.

4. YOUR RESPONSIBILITY FOR USE OF YOUR ACCOUNT
You are responsible for all activity on your account. You must supervise the use of your account by others, including minors and teen-agers. You and your account may be subject to disciplinary action or termination if your account is used inappropriately – determined by TRUE VITALITY in its sole discretion. Remember, TRUE VITALITY may terminate your account at any time, for any or no reason, with or without prior notice or explanation, and without liability. Further, even after your user account or access to TRUE VITALITY is terminated, this TOS remains in effect.
You agree to comply with all applicable laws, rules and regulations regarding your membership and use of TRUE VITALITY. You agree to abide by the TRUE VITALITY Community Guidelines and you acknowledge that TRUE VITALITY has the right to enforce them in its sole discretion. TRUE VITALITY may take any action against your account, ranging from a warning to termination, if you or anyone using your account violates the TRUE VITALITY Community Guidelines or any other term of the TRUE VITALITY Terms of Service. TRUE VITALITY is not required to provide notice prior to terminating your account.
You agree to keep confidential the passwords associated with your account and passwords that you use to access the website. You agree to indemnify and hold harmless TRUE VITALITY for losses incurred by TRUE VITALITY or another party due to someone else using your account or password as a result of your failure to use reasonable care to keep your account information confidential.
You agree to not use TRUE VITALITY’s brand or image in any manner whatsoever, without the express written consent of TRUE VITALITY.
5. UNSOLICITED BULK COMMUNICATIONS
You may not use TRUE VITALITY’s communication tools, existing now, or which may exist at a future time, such as e-mail, voice, fax and chat services to send unsolicited bulk communications. Similarly, you may not authorize others to use your account to send unsolicited bulk communications, or cause unsolicited bulk communications to be sent by someone else. You may not harvest or collect information about TRUE VITALITY users from TRUE VITALITY, including, but not limited to usernames, and use that information for the purpose of sending unsolicited bulk communications. Any violation of these provisions may result in immediate termination of your account and further legal action. You agree that TRUE VITALITY may take any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within TRUE VITALITY’s networks, servers etc.
6. BILLING AND CHARGES
A. Information about charges and fees
Currently, TRUE VITALITY does not charge fees for the use of its website. In the event this policy is modified, billing and charges will be subject to the within provision (Paragraph 6).
At some point in the future TRUE VITALITY may charge monthly, in advance, for certain TRUE VITALITY subscription plans and other TRUE VITALITY services. At this time, surcharges apply if you use certain payment methods (such as payment from your checking account) or use certain telephone numbers for Internet connectivity. Additional fees may apply when you subscribe to other supplemental or enhanced services. All charges are nonrefundable unless provided otherwise in your subscription plan.
TRUE VITALITY may, in its discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make from TRUE VITALITY.
Any trial promotion for fee-based TRUE VITALITY (such as free trial time for a paid subscription plan to TRUE VITALITY) must be used within the specified time of the trial. You must cancel your account before the end of the trial period to avoid being charged a membership fee. Please note, however, that even during any free trial or other promotion, you will still be responsible for any purchases and surcharges incurred using your account.
B. Your payment responsibilities
You must select a payment method to pay TRUE VITALITY for any subscription fees and all purchases made from TRUE VITALITY. You must give TRUE VITALITY accurate billing and payment information and keep this information up-to-date. TRUE VITALITY will bill you through the payment method that is associated with your account. You agree to pay TRUE VITALITY for all charges incurred under your account, including all applicable taxes, fees and surcharges. You authorize TRUE VITALITY to charge your designated payment method for these charges and to retain information about the payment method associated with your account. If TRUE VITALITY does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by TRUE VITALITY.
Every time you use TRUE VITALITY, you reaffirm that (i) TRUE VITALITY is authorized to charge your designated payment method; (ii) TRUE VITALITY may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your membership is canceled or terminated.
After 30 days from the date of any unpaid charges, your account will be deemed delinquent and TRUE VITALITY may terminate or suspend your account for nonpayment. TRUE VITALITY reserves the right to assess an additional 1.5 percent (or the highest amount allowed by law, whichever is lower) per month late charge if your payment is more than 30 days past due and to use alternate means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees incurred by TRUE VITALITY in its efforts to collect any remaining balances from you.
You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges and purchases made by you or anyone you allow to use your account (including your children, family or friends).
You must notify TRUE VITALITY about any billing problems or discrepancies within sixty (60) days after they first appear on your account statement. If you do not bring them to TRUE VITALITY’s attention within sixty (60) days of the date of billing, you agree that you waive your right to dispute such problems or discrepancies.
7. COMMUNICATIONS CHARGES
You are responsible for obtaining and maintaining at your expense all equipment and services needed to access TRUE VITALITY.
You are also responsible for any communications charges you may incur by accessing TRUE VITALITY through a third-party network, such as a cable or wireless carrier. Your carrier may charge service fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify the fees that may apply to you.
8. CHANGES TO THE SERVICE
TRUE VITALITY in its sole discretion may change or discontinue any or all aspects of the TRUE VITALITY website without notice, including access to support services, content and other products or services ancillary to a TRUE VITALITY membership.
TRUE VITALITY may modify the TRUE VITALITY Terms of Service, change its fees and change its billing methods at any time. If you disagree with any proposed change, your sole remedy is to cancel your membership before such change takes effect. Otherwise, you will be bound by the revised terms if you keep your membership. For certain subscription plans, TRUE VITALITY reserves the right to de-activate accounts that are inactive for an extended period of time, as determined by TRUE VITALITY.
9. CONTENT – COMMUNITY GUIDELINES
A. Your Use of Content as an TRUE VITALITY Member
TRUE VITALITY, its Suppliers and its members or others who lawfully post content on TRUE VITALITY own the property rights to that content. The content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by TRUE VITALITY or its supplier. You agree that you will not take any action to interfere with TRUE VITALITY’s or its Suppliers’ ownership of or rights in the content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the content.
You may use any content available on the TRUE VITALITY website, but only for personal, non-commercial purposes. You may be given the opportunity to download certain content (such as music and photos), but you may do so only to the extent as authorized for that particular content and only for your personal use. You may not use the content in a manner that exceeds the rights granted for your use of the content, which includes unauthorized copying or distribution of the content or creating an unauthorized derivative work.
RSS feeds of content headlines, text, and a source link (“RSS Content”) are available for downloading and displaying in their original form. You must use the RSS feeds as provided by TRUE VITALITY, and you may not edit or modify the text, content or links supplied by TRUE VITALITY linking the reader to the original full-length article on TRUE VITALITY. The RSS content may only be used with platforms that display a functional link that, when accessed, takes the viewer directly to the Source Content on TRUE VITALITY. You may not use the RSS content in a way that does not directly link to the Source Content on TRUE VITALITY, including the use of re-direct links, intermediate pages, splash pages, or other means that do not directly link to the original Source Content on TRUE VITALITY.
B. Content You Post
You may only post content that you create or which you have been given permission to post by the owner of the content. You may not post or distribute content that is illegal or that violates the TRUE VITALITY Community Guidelines. By posting or submitting Content on TRUE VITALITY, you represent and warrant that (i) you own all the rights to this content or are authorized to use and distribute this content on TRUE VITALITY and (ii) this content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.
Although you or the owner of the content retain ownership of all right, title, and interest in content that you post to TRUE VITALITY, TRUE VITALITY owns all right, title, and interest in any compilation, collective work or other derivative work created by TRUE VITALITY using or incorporating this content. In addition, by posting content on TRUE VITALITY, you grant TRUE VITALITY, its, parent, affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote this content in any medium.
For content that is covered by intellectual property rights, such as photographs and videos, (hereinafter “IP content”), you specifically grant TRUE VITALITY a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with TRUE VITALITY an intellectual property license. This license ends when you delete your IP content or your account, unless your account has been shared with others, and they have not deleted it. When you delete IP content, you understand that the removed content may remain in backup copies for a reasonable period of time.
When you publish content or information that is shared with “everyone” or used with the “everyone” setting, it means you are allowing everyone, including people outside of TRUE VITALITY, to access and use that information, and to associate it with you – for example your username, name, profile and/or picture.
NOTE: While we always appreciate your feedback and/or suggestions regarding TRUE VITALITY, under the terms of this agreement, you are not entitled to be compensated for them.

C. Content on TRUE VITALITY.COM or the Internet
TRUE VITALITY is not required to pre-screen content available on the TRUE VITALITY website, although TRUE VITALITY reserves the right to do so in its sole discretion. TRUE VITALITY is not liable for content that is provided by others. TRUE VITALITY reserves the right to remove content that, in its sole judgment, does not meet its standards or does not comply with the TRUE VITALITY Community Guidelines, but TRUE VITALITY is not responsible for any failure or delay in removing such material. TRUE VITALITY is not responsible for content available on the Internet, although TRUE VITALITY reserves the right to block access to any Internet area containing illegal or other harmful content being used for purposes that are unlawful or injurious to TRUE VITALITY or its members. You acknowledge that third-party sites on the Internet may have their own terms and conditions that govern your use of those sites.
You understand that TRUE VITALITY does not control the user content posted by users or members of TRUE VITALITY, and, as such, you understand that you may be exposed to offensive, indecent, inaccurate or otherwise objectionable content. TRUE VITALITY assumes no responsibility or liability for this type of content. If you become aware of the misuse of TRUE VITALITY in any manner, please report this immediately to us at notify@truevitality.com, or via the “Report This” link found on all community content pages.
TRUE VITALITY reserves the right, but disclaims any obligation or responsibility, to remove user content that violates this TOS in its sole discretion. You acknowledge TRUE VITALITY reserves the right to investigate and take legal action against anyone who, in TRUE VITALITY’s sole discretion, violates this TOS and may report such conduct or activity to law enforcement authorities.
TRUE VITALITY does not provide medical advice and any information provided on its website is not a substitute for medical care and is not intended as such. Any content is provided for informational and educational purposes only, and is not a substitute for the professional judgment of a medical health care provider who diagnoses and treats individual patients. TRUE VITALITY does not provide medical or diagnostic services of any kind. Your reliance upon any content found on TRUE VITALITY’s website is solely at your own risk – always seek the advice of your own physician regarding any medical condition you may have, as well as the use of any services and/or products you obtain from or through the TRUE VITALITY website. TRUE VITALITY encourages you to follow the advice of your own professional healthcare provider – this advice should not be disregarded because of something you have read or seen on TRUE VITALITY’s website.
The relationship between you and TRUE VITALITY is not a physician-patient relationship, a psychotherapist-patient relationship or a priest-penitent relationship. Our content contains information, data, statistics, advice, text and other materials compiled from a variety of third party sources and TRUE VITALITY in no way endorses any of these materials, which are provided for your convenience. Nothing contained on the website is intended to be, and must not be taken to be, the practice of medicine, including, without limitation, psychology, psychiatry, or psychotherapy, or providing health care advice or instruction for diagnosis or treatment. TRUE VITALITY does not recommend the self-management of health or mental health problems, nor is the content provided by TRUE VITALITY exhaustive – it does not cover all diseases, ailments, physical or mental conditions and/or their treatments.
SAFETY – TRUE VITALITY will make every effort to make the website safe, however we cannot guarantee it. In order to make TRUE VITALITY safer, you agree to the following:
1) You will not solicit login information or access an account belonging to someone else.
2) You will not post content that is pornographic; obscene; threatening; hateful; incites violence; defamatory; libelous; abusive; or contains content that depicts graphic or gratuitous violence.
3) You will not harass, intimidate, or frighten any user – or otherwise interfere with another user’s use and enjoyment of the website.
4) You will not send or post unauthorized commercial communications in any form, including, but not limited to spam, on TRUE VITALITY.
5) You will not collect users’ content or information for any reason.
6) You will not access TRUE VITALITY using automated methods of any nature, including, but limited to harvesting bots or scrapers, unless authorized to do so, in writing, by TRUE VITALITY.
7) You will not engage in any illegal activity on TRUE VITALITY, including, but not limited to, initiating or continuing pyramid schemes and/or any multi-level marketing methods.
8) You will not upload malicious codes of any nature, such as viruses, worms, trojan horses or any other harmful program or component to TRUE VITALITY or the internet. You will not do anything that could disable, overburden, or impair the functionality of the TRUE VITALITY website.
9) You will not develop, promote and/or operate any application, regardless of source containing alcohol, smoking and/or mature publications on TRUE VITALITY.
10) You will not use TRUE VITALITY for anything that is malicious, misleading, or discriminatory in any manner.
11) You will not offer any promotions, contests, giveaways, or sweepstakes on TRUE VITALITY without prior written authorization of TRUE VITALITY.
12) You will not post any material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal, or international law.
13) You will not post content or material that would invade the privacy of any other person.
14) You will not post content that is intended to advertise to or solicit others without our express permission.

** TRUE VITALITY will determine any failure to comply with sections 1) through 14) above, at its SOLE DISCRETION**

D. Third Party Links and Services
TRUE VITALITY may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties (“Third Party Services”). When you engage with a Third Party Service, you are interacting with the third party, not with TRUE VITALITY. If you choose to use a Third Party Service and share information with it, the Third Party Services may use and share your data in accordance with the Third Party Service’s privacy policy and your privacy settings on such Third Party Service. In addition, the third party providing the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. TRUE VITALITY is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the TRUE VITALITY website does not imply approval or endorsement of the Third Party Service. TRUE VITALITY is not responsible for the content or practices of any websites other than TRUE VITALITY, even if the website links to TRUE VITALITY and even if it is operated by an Affiliated Company or a company otherwise connected with TRUE VITALITY. By using TRUE VITALITY, you acknowledge and agree that TRUE VITALITY is not responsible or liable to you for any content or other materials hosted and served from any website other than TRUE VITALITY. When you access Third Party Services, you do so at your own risk. TRUE VITALITY encourages you not to provide any personally identifiable information to any Third Party Service unless you know and are comfortable with the party with whom you are interacting. If you are interested in creating hypertext links to TRUE VITALITY, you must contact TRUE VITALITY at contactus@truevitality.co before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of TRUE VITALITY, including its respective employees, agents, directors, officers or shareholders.
E. Exporting of Content
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, or to any person or entity prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to TRUE VITALITY any data or software that cannot be exported without prior written government authorization and notification of TRUE VITALITY, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this TOS.

11. DISCLAIMER OF WARRANTIES
YOUR USE OF TRUE VITALITY, AND THE INTERNET IS AT YOUR SOLE RISK. TRUE VITALITY IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, TRUE VITALITY AND THE SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT TRUE VITALITY AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. TRUE VITALITY AND THE SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR TRUE VITALITY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR TRUE VITALITY SERVICES WILL BE CORRECTED. TRUE VITALITY AND THE SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF TRUE VITALITY OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TRUE VITALITY OR A TRUE VITALITY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. TRUE VITALITY PROVIDES ITS SERVICES AND FEATURES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT MEMBERS WILL BE ABLE TO ACCESS OR USE THE TRUE VITALITY WEBSITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT TRUE VITALITY WILL HAVE ADEQUATE CAPACITY FOR THE TRUE VITALITY SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

A. LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TRUE VITALITY IS THE CANCELLATION OF YOUR ACCOUNT WITH TRUE VITALITY AS DETAILED HEREIN. IN NO EVENT SHALL TRUE VITALITY’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE TRUE VITALITY SERVICES EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID DURING A ONE-YEAR PERIOD FOR THE SPECIFIC TRUE VITALITY SERVICE AT ISSUE.
TRUE VITALITY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE TRUE VITALITY, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR MEMBERSHIP WITH TRUE VITALITY. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF TRUE VITALITY HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TRUE VITALITY AND ITS SUPPLIER’S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT FOR OFFERS EXPRESSLY MADE OR GUARANTEED BY TRUE VITALITY, TRUE VITALITY AND ITS SUPPLIERS DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH TRUE VITALITY AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
B. INDEMNIFICATION
Upon a request by TRUE VITALITY, you agree to defend, indemnify and hold harmless TRUE VITALITY and its suppliers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of the TRUE VITALITY Terms of Service for which you are responsible or from the use of TRUE VITALITY or the Internet, or in connection with your transmission of any Content on TRUE VITALITY. TRUE VITALITY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for TRUE VITALITY in that matter.
C. TERMINATION
Either you may cancel or TRUE VITALITY may terminate your membership or subscription to a TRUE VITALITY Service at any time. You can cancel a fee-based subscription plan for use of the TRUE VITALITY Online Service by calling, by sending a fax, or by sending a letter to TRUE VITALITY’s Customer Service Department. Cancellation will take effect within 3 business days of receipt of your request. TRUE VITALITY will send you written confirmation of the cancellation of your fee-based subscription plan to the TRUE VITALITY Online Service. If you cancel near the end of your billing period and are inadvertently charged for the next month’s fee, call TRUE VITALITY to have the charges reversed. If you signed up for certain supplemental or enhanced services for an extra fee, you should consult the specific cancellation policies and procedures for those services. If your membership or subscription to TRUE VITALITY Services is canceled or terminated, including based on inactivity in your use of a free service; any data you have stored on such TRUE VITALITY Services may not be retrieved later.
Except as otherwise provided in herein, cancellation of your Account is your sole right and remedy with respect to any dispute with TRUE VITALITY. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this TOS or TRUE VITALITY ‘s enforcement or application of this TOS; (2) any policy or practice of TRUE VITALITY , including TRUE VITALITY ‘s Community Guidelines and the TRUE VITALITY Privacy Policy, or TRUE VITALITY ‘s enforcement or application of these policies; (3) the content available on TRUE VITALITY Services or the Internet or any change in content provided by TRUE VITALITY ; (4) your ability to access and/or use the TRUE VITALITY Services; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
In the event that your account is terminated or canceled, no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. You understand and agree that you no longer will have access to any of the TRUE VITALITY website associated with your deactivated username or account. TRUE VITALITY must give you express permission before it will reactivate you account if TRUE VITALITY previously terminated your membership for violating the TRUE VITALITY Terms of Service (including its Community Guidelines) or due to an outstanding balance. Active TRUE VITALITY members may not allow former TRUE VITALITY members whose memberships have been terminated to use their accounts.
D. GENERAL LEGAL TERMS
This TOS, as published over the TRUE VITALITY website, constitute the entire and only agreement regarding your TRUE VITALITY membership and your account. This TOS supersedes all representations, agreements and other communications regarding your membership. Only TRUE VITALITY can amend this TOS by posting the changes on the TRUE VITALITY website. If any term of this TOS is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, the term shall be considered to be stricken from this TOS as if it had not been included from the beginning and the remainder of the TOS enforced according to its terms.
You agree that this TOS is not intended to confer and does not confer any rights or remedies from TRUE VITALITY upon any person other than you. You also agree that the TRUE VITALITY Community Guidelines and other guidelines posted on TRUE VITALITY, including TRUE VITALITY’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.
The TRUE VITALITY website and services are provided by TRUE VITALITY, INC.
i. Choice of Law; Choice of Forum
The laws of the State of Florida, excluding its conflicts-of-law rules, govern this TOS, your membership, and your use of TRUE VITALITY. You expressly agree that exclusive jurisdiction for any claim or dispute with TRUE VITALITY or relating in any way to your membership, this TOS, or your use of TRUE VITALITY resides in the courts of Florida and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Florida in connection with any such dispute including any claim involving TRUE VITALITY. The foregoing provision may not apply to you depending on the laws of your jurisdiction. This TOS shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
ii. Electronic Delivery Policy and Your Consent
By affirmatively signing up for a TRUE VITALITY membership, you consent to receive all communications, including notices, agreements, legally required disclosures or other information in connection with any TRUE VITALITY Service electronically from TRUE VITALITY (collectively, “Notices”). You agree that TRUE VITALITY generally can send you electronic Notices by (i) e-mail to your primary username, and/or (ii) posting the Notices on a main page or a secondary page of TRUE VITALITY. You agree that certain supplemental or enhanced services made available to TRUE VITALITY members may also have their own Notice procedures.
You must check your username regularly for Notices from TRUE VITALITY. TRUE VITALITY will send important Notices about your TRUE VITALITY membership, including any Notices concerning violations of any sub-accounts, to your username.
You must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), a Windows-based operating system, or a Macintosh-based operating system. You will need a printer attached to your personal computer to print any Notices. The delivery of any Notice from TRUE VITALITY is effective when sent or posted by TRUE VITALITY, regardless of whether you read the communication when you receive it. You may withdraw your consent to receive notices electronically by calling or by sending a fax or letter to TRUE VITALITY’s Customer Service; however, if you choose to withdraw consent, TRUE VITALITY may terminate your membership and subscriptions to any TRUE VITALITY Services. All registrations, agreements, and terms will be completed electronically and will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

iii. Privacy Policy
The TRUE VITALITY Privacy Policy explains how TRUE VITALITY collects, uses, and discloses personal information in connection with your TRUE VITALITY membership, as well as the choices TRUE VITALITY gives you about such uses and disclosures. You can review the current version of this policy by clicking Privacy Policy. By your affirmative act of either registering for TRUE VITALITY as a new member, or registering for a new TRUE VITALITY Service, or continuing to use the TRUE VITALITY Services following your registration, you authorize the collection, use, and disclosure of personal information by TRUE VITALITY as provided for under TRUE VITALITY’s then-current Privacy Policy, which is hereby incorporated into this TOS by reference.

Copyright © 2010, TRUE VITALITY INC. All rights reserved.

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