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Terms of Use

Accomplish Health & Wellness, LLC - DBA/ Vibrant Life After Cancer - Terms of Use and Privacy Policy for Website

Terms of Use

The website and other websites which link to this page are owned by Accomplish Health and Wellness, LLC dba/ Vibrant Life After Cancer (“we” or “us”).

Website Use and Consent

Whether you use this site as a casual visitor, guest, registered user, licensee, or as a member of our programs, you are agreeing to certain terms which are clearly outlined below. Please read this agreement carefully. We may change this agreement from time to time, and by using the site you are agreeing to the terms as they are updated and changed, whether or not you have read them. If at any time you do not agree with these terms, please do not use the website.

If you have purchased a program or subscription or otherwise entered into an agreement with us you will also be governed by the terms of that agreement, which shall prevail in the event of a conflict. Online purchases have additional terms and conditions relating to the transaction as indicated.

We try to ensure that website availability is uninterrupted and that transmissions will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services. We of course try to limit the frequency and duration of any suspension or restriction.

Although every effort is made to ensure the accuracy of published information on or through this website, the website may inadvertently contain technical inaccuracies or typographical errors. This information may be changed or updated without notice. We assume no responsibility for errors or omissions on the site or in documents referenced by or linked to the site.

This website is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using this website, you represent and warrant that you are 13 years or older and that you agree to and to abide by all of our terms and conditions.

Intellectual Property Rights

The content, layout, design, data, databases and graphics on this website are protected by United States intellectual property laws and are solely owned by us, unless otherwise indicated.

If you purchase or access any materials through or on this website, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, transferable license for personal, non-commercial use only.

You may not use this site or the materials available on or through this website in a manner that constitutes an infringement of our rights or that has not been authorized by us.

Unless otherwise explicitly authorized in these Terms of Use, 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 purchased through any of our services, programs, or products or obtained on or through our website, including through an individual or group program, e-book, private Facebook or website forum, or class for commercial use, or for use in any way that earns you money.

You may not in any way use, copy, adapt or represent any of our material in any way as if it is yours or created by you.

You may, however, download and/or print pages of the public website for your personal, non-commercial use, provided that you give us credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the website page from which the information was obtained.

By downloading, printing, or otherwise using the material on the site for personal use you in no way assume any ownership rights of that material.

In addition, as a Licensee, you understand and acknowledge that the information obtained on or through this website have been developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and unauthorized use.

All rights not expressly granted in these terms or any express written license, are reserved by us.

The trademarks and logos which are displayed on the websites are trademarks belonging to us. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent.

Permission to Use Our Intellectual Property

Any request for permission of our content or images, or other use of information obtained from or through our products, services, or website, or any other intellectual property not specifically authorized, should be made using the “Contact Us” form on this website, or by sending an e-mail to support@vibrantlifeaftercancer.com.

Security

We take every precaution to protect our users’ information. When users submit sensitive information via the website, all information is protected both online and offline.

However, due to the nature of the Internet, we cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information is done at your own risk.

We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

Disclaimer

By using our website, programs, services, or products, in any way or for any reason, you implicitly agree to our Disclaimer.

As visitors to this website and as a Licensee, you agree that you are using your own judgment in using the information provided on and through this website, which is done at your own risk.

To the fullest extent permitted by law, the material and information displayed on our websites is provided “as is” without any guarantees, conditions or warranties as to accuracy.

We try to ensure our website is available for use at all times, other than for a small period for scheduled downtime; however, we do not warrant that at other times our website will be available.

To the fullest extent permitted by law, we will be not be liable to you for damages or refunds should our site become unavailable or access to the site becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the our website inaccessible to you.

The content obtained on or through this website is designed for non-medically trained individuals. We not offer medical advice and should not be relied upon as a replacement for consultation with a doctor or other health professional.

Limitation of Liability

To the fullest extent permitted by law, we expressly exclude:

a. All conditions, warranties and other terms which might otherwise be implied by statute or common law;

b. Any obligation of effectiveness or accuracy; and

c.  Other than as set out below, any liability for any direct, indirect or consequential loss or damage incurred by you in connection with this website, including by your use or inability to use any information obtained on or through our website, any websites linked to our website, and any material posted on it by us or by others, including without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
INFORMATION ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Links

This website may contain links including hyperlinks which may take you outside of our owned or controlled websites. Links are provided for your convenience, and an inclusion of any link does not imply endorsement or approval by us of the linked website, its operator or content.

We have no control over the contents or functionality of those sites and accept no responsibility for any loss or damages that may arise from your use of them. We are not responsible for any website outside this website, and such website use will be subject to those linked websites’ relevant terms and conditions and privacy policies.  It is your responsibility to review the terms and conditions and privacy policies of those websites to confirm that you understand and agree with those policies.

Your Conduct

You must not use our website in any way that causes or is likely to cause the website or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this website or to us.

You must use the website for lawful purposes only.

You must not use the website for any of the following:

  • For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
  • To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or is otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam
  • To cause annoyance, inconvenience or needless anxiety
  • To impersonate any third party or otherwise mislead as to the origin of your content
  • To reproduce, duplicate, copy or resell any part of our website or the content therein in contravention with these terms of use or any other agreement with us.

We reserve the right in our sole discretion to refuse or terminate your access to the website at any time.

Governing Law and Other Provisions

These Terms of Use shall be governed and construed in accordance with the laws of the State of New Jersey.  By accessing the website you agree that the statutes, laws, and regulations of the United States and the State of New Jersey, USA, without regard to conflicts of law principles, will apply to all matters relating to use of the website, and you agree that any litigation shall be subject to the exclusive jurisdiction of the State or Federal Courts in New Jersey.

If any provision of the Terms of Use is held to be invalid or unenforceable by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, all remaining provisions will remain in full force and effect.

If you have any questions, please contact us at support@vibrantlifeaftercancer.com.

Privacy Policy

Privacy Policy Consent

Use of the data that you provide to us, or which is collected by us on or through our website is governed by this Privacy Policy. By using our website, you consent to such policy.

Submission, Storage and Sharing of Personal Data

We may seek personal data including your name, e-mail address, and other contact information, namely when you take actions such as subscribe to our newsletter, join our private forum(s), comment on our blog, and/or credit card information if you purchase our programs, services, or products, or contact us. This information is used to contact you about the program or information for which you have expressed interest. By you providing such information to us, you grant us permission to use and store such information.

Your information is stored through the data management system that delivers our e-newsletters. Your information can only be accessed by those who help manage those lists in order to deliver e-mail to those who would like to receive our correspondence.

There may be an occasion where we may ask for demographic information such as gender or age, etc., to personalize our programs or correspondence, or to distinguish adults from minors, but if you choose not to provide such personally identifiable data and information, you may still use the website, but will not be able to use services where such information may be required.

We may share personal data and information about our visitors with reliable select business partners and other third parties.

We will not otherwise share your personal data and identifying information without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.

Note that whenever you voluntarily make your personal information available for viewing by third parties online, such as on blogs, message boards, emails, or in chat areas, the information you share also can be seen, collected and used by third parties, and therefore, we cannot be responsible for any unauthorized third party use of such information that you voluntarily share.

We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on us, our partners, sponsors, investors, or affiliates; (b) protect and defend our rights or property or those of our users; and (c) act as immediately necessary in order to protect the personal safety of our users or the public.

Passwords

By using our website you agree to enter true and accurate information on the website as a part of the registration process. If you enter a bogus email address we have the right to immediately inactivate your account.

It is your responsibility to protect your own password(s) from disclosure to others and you are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information.

We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.

Unsubscribe

You may unsubscribe to our e-newsletters or updates at any time through the unsubscribe link at the footer of all e-mail communications.

We manage e-mail lists through a list management system. Unsubscribing from one list managed by us will not necessarily remove you from all publication email lists. If you have questions or are experiencing problems unsubscribing, please contact us at support@vibrantlifeaftercancer.com.

Anti-Spam Policy

We have taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information.

We have a no spam policy and provide you with the ability to opt-out of our communications by selecting the unsubscribe link at the footer of all e-mails.

We will not sell, rent or share your email address.

Children’s Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Anonymous Data Collection and Use

To maintain our website’s high quality, we may use your IP address to help diagnose problems with our server and to administer the website by identifying which areas of the website are most heavily used, and to display content according to your preferences. Your IP address is the number assigned to computers connected to the Internet. This is essentially “traffic data” which cannot personally identify you, but is helpful to us for marketing purposes and for improving our services.

Traffic data collection does not follow a user’s activities on any other websites in any way. Anonymous traffic data may also be shared with business partners and advertisers on an aggregate basis.

Use of “Cookies”

We may use the standard “cookies” feature of major web browsers. Cookies are small pieces of data stored on your computer that contain information about the user. We do not set any personally identifiable information in cookies, nor do we employ any data-capture mechanisms on our website other than cookies.

Cookies help us learn which areas of our website are useful and which areas need improvement. You may choose to disable cookies through your web browser’s settings. However, disabling this function may diminish your experience on the website and some features may not work as intended.

Cookie information is only used when communicating with users as per their indicated preferences and as needed for service-related communications. Third party content that may be displayed on our site may also contain their own cookies, but we have no access to or control over any information collected by third parties through our website.

Third Party Links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party websites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites, and thus we cannot be held liable for the information on their website or that you voluntarily share with their website. Nonetheless, we seek to protect the integrity of our website and we welcome any feedback about these websites.

Assignment of Rights

In the event of an assignment, sale, joint venture, or other transfer of some or all of our assets, you agree we can assign, sell, license or transfer any information that you have provided to us.

Please note, however, that any purchasing party is prohibited from using the personal data and information submitted to us under this Privacy Policy in a manner that is materially inconsistent with this Privacy Policy without your prior consent.

Notification of Changes

We may use your contact information to inform you of changes to the website, or, if requested, to send you additional information about us.  We reserve the right, at our sole discretion, to change, modify or otherwise alter this Privacy Policy at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof.

Please review this Privacy Policy periodically. Continued use of any of our programs, services, products, or information obtained through or on the website following the posting of changes and/or modifications constitutes acceptance of the revised Privacy Policy.

If you have any questions, please contact us at support@vibrantlifeaftercancer.com.

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