Terms of use

Legal details

This website (the "Site") is owned and operated by Club Vita U.S., LLC. Club Vita U.S., LLC is a limited liability company registered in Delaware. Our registered agent is the Corporation Trust Company, located at the Corporation Trust Center, 1209 Orange St., Wilmington, DE 19801.

Your use of this site

In these Website Conditions of Use (hereinafter "Conditions of Use") "you" or "your" or "yours" means anyone accessing this Site and "we", "us" or "our(s)" means Club Vita U.S., LLC.

Your use of this Site is subject to these Conditions of Use and by using this Site you agree to be bound by these Conditions of Use. Please read these Conditions of Use carefully before accessing any other pages in this Site. Your use of this Site is conditional upon your acceptance of these Conditions of Use. If you do not agree to these Conditions of Use, please leave this Site immediately.

We reserve the right at any time to change, suspend or withdraw this Site for operational reasons.

We may amend these Conditions of Use from time to time. Every time you wish to use the Site, please check these Conditions of Use to ensure you understand the terms that apply at that time.

Passwords and access details

From time to time we may allow additional access to restricted areas of this Site (together the "Member Area"). Persons authorized to enter the Member Area on behalf of their organization will be provided with a unique user name and password (together "Access Details"). You must only use the restricted areas of the Site if and to the extent that you have been authorized by your organization to do so.

If you have been provided with Access Details you must: -

  • Keep Access Details secret and take all reasonable precautions to prevent unauthorized or fraudulent use of them;
  • Not record Access Details in any way that may result in them becoming known to another person;
  • Not disclose or share Access Details to or with any third party; and
  • Notify us if you become aware of any unauthorized use or disclosure of any Access Details.
    • Provide your physical or electronic signature;
    • Identify the copyrighted work you believe is being infringed as well as the item on our Site you believe is infringing (including enough information for us to find it);
    • Provide a way for us to get in touch with you (it can be email);
    • Provide a statement that you believe, in good faith, that the item you have listed as infringing is not authorized by the owner, agent or law to be used on our Site; plus
    • A statement that the information you have provided is accurate and (under penalty of perjury), that you are allowed to act on behalf of the copyright owner whose work you believe is being infringed.

Your use of the Member Area is subject to the terms of the agreement between Club Vita U.S., LLC and your organization.

Liability

This Site provides general information on matters of interest only which does not constitute financial, legal or professional advice. You should seek advice from the appropriate professional advisors who have full knowledge of your situation. Unless otherwise stated no reliance should be placed on any of the information contained in this Site (other than these Conditions of Use).

This Site is intended for use in the United States and may not be applicable to other jurisdictions. We make no representation that the information contained in this Site is appropriate for locations outside the United States. This Site shall not be considered a solicitation or offering for any investment product or service to any person in any jurisdiction where such solicitation or offer would be unlawful.

While we use reasonable efforts to include accurate and up to date information in this Site, the website and our services are provided ‘as is.’ we make no warranties, representations or undertakings, whether express or implied, about any of the content of this Site (including, without limitation, any as to the quality, accuracy, completeness, timeliness or fitness for any particular purpose of such content). TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

CLUB VITA U.S., LLC, AND ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, AGENTS, AND AFFILIATED COMPANIES EXCLUDE ALL LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND INCLUDING LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, ARISING FROM OR CONNECTED TO YOUR ACCESS TO, RELIANCE UPON AND USE OF BOTH THIS SITE AND VITA PRODUCTS, TO THE EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM USE OR INABILITY TO USE OUR SERVICE, COST OR PROCUREMENT OF SUBSTITUTE SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT, THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR ANY OTHER INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES.

You agree to indemnify, defend and hold harmless Club Vita U.S., LLC from and against all claims, liabilities, damages, losses or expenses, including attorney’s fees and costs, arising out of or related to your improper access or use of this site, or any violation by you of these Conditions of Use.

Nothing in these Conditions of Use purports to exclude, limit or restrict our liability for death or personal injury resulting from our negligence (or the negligence of our officers, agents or employees) or any other matter in respect of which liability cannot by applicable law be limited.

Nothing in these Conditions of Use purports to exclude, limit or restrict our liability to a Club Vita Subscriber for its access to and use of Vita Products beyond those exclusions and limitations already set out in the Club Vita Rules.

Third party sites

Reference may be made, and hypertext links provided within this Site to world wide websites maintained by third parties (each a "Third-Party Site").

We have no control over Third-Party Sites and do not endorse or approve the content of any Third-Party Site. The fact that Club Vita U.S., LLC provides a link to a third-party website does not constitute any endorsement, authorization or affiliation to such website, its owners or services. You agree that you will use any third-party content or website at your own risk. CLUB VITA, U.S., LLC IS NOT LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY SUFFER BY USING OR RELYING ON ANY THIRD-PARTY WEBSITES, OR ANY CONTENT, ADVERTISING, OR OTHER MATERIALS IN CONNECTION THEREWITH.

Computer viruses

We will use reasonable endeavors to ensure that this Site does not contain any computer viruses, however we recommend that you virus check all downloaded material and regularly check your computer for viruses. WE EXCLUDE TO THE FULLEST EXTENT PERMISSIBLE ANY DAMAGE OR LOSS CAUSED BY COMPUTER VIRUSES ORIGINATING FROM THIS OR ANY THIRD-PARTY SITE.

Links

You may link to the Site, provided you do so in a way that is fair and legal, does not damage our reputation or take advantage of it and does not bypass the relevant legal and regulatory information we have included on the Site.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Site in any website that is not owned by you.

The Site must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on the Site other than that set out above, please contact us.

Intellectual property

We (or the relevant third-party owner of the intellectual property rights ("Third-Party Owner")) retain all ownership and intellectual property rights (including any copyright and database rights) to all material, devices, service marks, trademarks and logos displayed in this Site.

Nothing in this Site shall be construed as conferring any right to any copyright, trade mark or other proprietary interest of ours or any third party.

You may copy the materials on this Site to the extent necessary to view this Site and you may print pages from this Site for your own personal use using normal browsing software. Reproduction of part or all the contents of this Site in any other form or for any other use is prohibited without our express written permission or that of the Third-Party Owner.

You may not remove any product identification, copyright notices or other notices from the materials or any copies of the materials which you may have made or printed for your own personal use.

No part of this Site may be distributed or transmitted in any form or by any means, electronic or mechanical.

None of the content of this Site may be copied or otherwise incorporated into or stored in any other website, electronic retrieval system, publication or other work in any form (whether hard copy, electronic or other).

You may not modify, decompile, reverse engineer, disassemble, rent, lease, loan, sell, sub-license or create derivative works from this Site or its content. Nor may you use any network monitoring or discovery software to determine this Site architecture or extract information about usage or users.

All trademarked names and/or logos used by us are either our property or that of our licensor and nothing contained in these Conditions of Use should be construed as granting any license or right to use any of the trademarks without our prior written consent.

VitaHedge is a registered trade mark of Hymans Robertson LLP.

Infringement

 If you believe that something on our Site violates your copyright, notify our copyright agent in writing, below.

 In order for us to take action, within the notice, you must:

Our copyright agent information is: [email protected]

Prohibited Conduct

You may not use this Site in any way that:

  • Breaches any applicable local, national or international law or regulation;
  • Infringes our or anyone else’s copyright or other intellectual property right;
  • Is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
  • Knowingly introduces viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
  • Transmits, or procures the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
  • Damages, interferes with, or disrupts any part of this site; any equipment or network on which this site is stored; any software, code or underlying tools used on this site; or any equipment or network owned or used by any third party;
  • Collect or gather other people’s personal information (including account information) from our Service; or
  • Solicit, for commercial purposes, any users of our services.

This site is for use by individuals over the age of 18 years of age.

Nothing in these Conditions of Use purports to amend or vary the license of the Vita Products granted by us to a Club Vita U.S. Subscriber in terms of the Club Vita U.S. Rules.

Nothing in these Conditions of Use purports to amend or vary the terms on which Vita Products are provided to other third parties from those terms contained in the reliance's and limitations set out on each report.

Privacy and Cookies

When using our Site, as well as these Conditions of Use, you must also read and consent to our Privacy Policy (which sets out the basis on which any personal data we collect from you, or that you provide to us when using the Site, will be processed by us), as well as information on our cookie use.

Remedies

If in our sole opinion you have failed to comply with any of the provisions of these Conditions of Use, then we may take all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use this Site or any part thereof (including the Member Area);
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to this Site or any part thereof (including the Member Area);
  • Take further legal action against you; and/or
  • Disclose such information to law enforcement authorities as we reasonably feel is necessary.

Jurisdiction

These Conditions of Use and the content of this Site shall be governed by Delaware Law and the applicable laws of the United States, and you agree that the Delaware courts shall determine and shall have exclusive jurisdiction in respect of any disputes relating to your access to or use of this Site.

You are responsible for compliance with any applicable laws of the country from which you access this Site.

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