These terms of service are made between you and Vidacalm (the "Company"). The terms and conditions set forth below, as well as any documents expressly incorporated by reference (collectively, this "agreement"), govern your access to and use of the Vidacalm websites, including any content, functionality, and services provided on or through the Vidacalm websites (collectively, the "Website").
Please read this agreement thoroughly before using the Website. By using the Website or clicking to accept or agree to this agreement when this option is made available to you, you accept and agree to be bound and abide by this agreement and the Company's Privacy Policy, which is incorporated by reference at https://vidacalm.com/help/privacy.php. You must not access or use the Website if you do not agree to this agreement or the Privacy Policy.
This Website is only available to persons who are at least 18 years old. By using this Website, you represent that you are of legal age to create a binding contract with the Company and that you meet all of the eligibility conditions listed above, if any. You must not access or use the Website if you do not meet all of these conditions.
Modifications to the Agreement
In its sole discretion, the Company may alter and update this agreement on one or more occasions. All modifications become effective immediately after the Company posts them and apply to all future access to and use of the Website. However, any changes to the Governing Law and Jurisdiction provisions will not apply to any disputes for which the parties receive real notice on or before the day the change is posted on the Website.
Your continued use of the Website after the updated agreement is posted indicates that you accept and consent to the changes. You should check this page frequently so that you are aware of any changes, as they are binding on you.
Account Security and Website Access
In its sole discretion, the Company may withdraw or alter this Website, as well as any service or material provided on the Website, without notice. The Company will not be liable if all or any portion of the Website is inaccessible at any time or for any amount of time for any reason. The Company may, on one or more times, restrict access to some portions of the Website, or the entire Website, to users, including registered users.
You are accountable for:
Making the required preparations for you to have access to the Website.
Assuring that all users of your Internet connection who access the Website are aware of and comply with this agreement.
You may be required to supply certain registration data or other information in order to use the Website or some of the resources it provides. All information you supply on the Website must be correct, current, and complete as a condition of your use of the Website. You acknowledge that the Privacy Policy governs all information you provide to register with this Website or otherwise, including through the use of any interactive features on the Website, and you consent to all actions the Company takes with respect to your information that are consistent with the Privacy Policy.
If you choose or are given a username, password, or any other piece of information as part of the Company's security measures, you must keep it private and not disclose it to any other person or entity. You further understand that your account is personal to you and that you will not allow anyone else to use your username, password, or other security credentials to access this Website or parts of it. You will quickly notify the Company of any unauthorized access or use of your username or password, as well as any other security breach. You will also guarantee that you log out of your account at the end of each session. You should exercise extra caution while accessing your account from a public or shared computer to prevent others from viewing or recording your password or other personal information.
The Company reserves the right to disable any username, password, or other identification, whether chosen by you or provided by the Company, at any time and for any reason, including if you have violated any portion of this agreement in the Company's judgment.
Rights to Intellectual Property
The Company, its licensors, or other providers of that material own the Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, as well as the design, selection, and arrangement of that material) and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
This agreement only allows you to use the Website for personal, noncommercial purposes. Except as provided below, you may not reproduce, distribute, edit, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website.
Because you are accessing and viewing such contents, your computer may temporarily store copies of those materials in RAM.
You can save files that your Web browser automatically caches for display enhancement.
You may print or download a reasonable number of pages from the Website for personal, noncommercial use only, and not for further reproduction, publication, or dissemination.
If the Company makes desktop, mobile, or other apps available for download, you may save a single copy to your computer or mobile device for your own personal, noncommercial use, provided you agree to be governed by the Company's end user license agreement for those applications.
If the Company provides social media features with specific material, you may take the actions that those features permit.
You may not:
Make changes to copies of any materials from this Website.
Use pictures, photographs, video or audio sequences, or graphics in addition to or instead of the accompanying text.
Remove or change any copyright, trademark, or other proprietary rights notices from copies of this Website's materials.
You must not access or utilize any section of the Website or any services or materials available via the Website for commercial reasons.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in violation of this agreement, your right to use the Website will be terminated immediately, and you must return or destroy any copies of the materials you have made, at the Company's option. No interest in or to the Website or any content on the Website is transferred to you, and the Company reserves all rights not expressly granted. Any unauthorized use of the Website is a violation of this agreement and may violate copyright, trademark, and other laws.
Trademarks
The Vidacalm trademark, as well as all related names, logos, product and service names, designs, and slogans, is owned by the Company or its affiliates or licensees. You must not use those marks without the explicit authorization of the Company. All other brands, logos, product and service names, designs, and slogans on this Website are the property of their respective owners and are protected by trademark law.
Prohibited Applications
You may only use the Website for authorized purposes and in line with the terms of this agreement. You are not permitted to use the Website:
In any way that violates any relevant federal, state, municipal, or international law or regulation (including laws governing data or software export to and from the United States or other countries).
To abuse, injure, or attempt to exploit or hurt minors in any way, including exposing them to improper content or requesting personally identifiable information.
To send, receive, post, download, use, or re-use any material that violates common decency or any intellectual-property laws.
To transmit or obtain the transmission of any advertising or promotional material without the Company's express approval, including any "junk mail," "chain letter," "spam," or other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including by using any of the foregoing email addresses or usernames).
To engage in any other behavior that restricts or inhibits anyone's use or enjoyment of the Website, or that, in the Company's opinion, may harm the Company or Website users or subject them to liability.
Furthermore, you must not:
Use the Website in any way that could disable, overburden, damage, or impair it, or interfere with the use of the Website by any other person, including their ability to engage in real-time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any reason, including monitoring or duplicating any of the Website's content.
Without the Company's prior permission, use any manual process to monitor or copy any of the material on the Website, or for any other unlawful purpose.
Use any equipment, program, or procedure that interferes with the Website's proper operation.
Introduce any dangerous or technologically destructive viruses, trojan horses, worms, logic bombs, or other stuff.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any elements of the Website, the server on which the Website is housed, or any server, computer, or database that is linked to the Website.
Use a denial-of-service or distributed denial-of-service attack to target the Website.
Otherwise, try to obstruct the Website's proper operation.
reliance on posted information
The information provided on or through the Website is only for general information purposes. The Company makes no promise as to the accuracy, completeness, or utility of this material. Any reliance on that information is entirely at your own risk. The Company expressly disclaims all duty and responsibility for any reliance placed on those materials by you or any other visitor to the Website, or by anyone who may be told of any of its contents.
This Website may contain third-party content, such as items given by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions stated in these materials, as well as all articles, responses to queries, and other information not given by the Company, are exclusively the opinions and responsibility of the person or entity providing such materials. These items may not necessarily reflect the Company's viewpoint. The Company is not responsible or liable to you or any other party for the content or accuracy of any third-party materials.
alterations to the website
The content on this Website may be updated by the Company on one or more occasions, but it is not always full or up to date. Any of the material on the Website may be out of date at any time, and the Company is under no obligation to update it.
Information about you and your website visits
The Company's Privacy Policy applies to any information collected on this Website. By using the Website, you consent to the Company's use of your information in accordance with the Privacy Policy.
Purchases Made Online and Other Terms
All purchases made through the Website, as well as other transactions for the sale of goods created through the Website or as a result of your visits, are governed by the Website's Terms of Sale, which are included into this agreement.
Specific areas, services, or features of the Website may also be subject to additional terms. This reference incorporates any extra provisions into this agreement.
Connecting to the Website
You may link to the Website's homepage as long as you do so in a fair and legal manner that does not harm or exploit the Company's reputation, but you must not establish a link that implies any form of association, approval, or endorsement on the part of the Company without the Company's express written consent.
Website Hyperlinks
If the Website contains connections to third-party websites and resources, these links are provided only for your convenience. This includes links within adverts, such as banner ads and sponsored links. The Company has no control over the contents of those websites or resources and assumes no liability for them or any loss or damage that may result from your use of them. You access any third-party websites connected to this Website fully at your own risk and subject to the terms and conditions of use for those websites.
Website-Sent Electronic Communications
You consent to receiving electronic messages from the Company on your order by submitting your email address. You also agree to receive additional messages from the Company via email, such as newsletters about new features and content, special offers, promotional announcements, and customer surveys. You agree that electronic communications from the Company may include links to third-party websites or resources. You agree that the Company is not responsible or liable for (a) the availability or accuracy of those websites or resources, or (b) the content, goods, or services offered on or through those websites or resources. Links to various websites or resources do not mean that the Company endorses those websites or resources. You accept entire responsibility for, and bear all risk associated with, your use of any third-party websites or resources.
Geographic Limitations
The Website's proprietor is situated in the United States. The Company makes this Website available only to residents of the United States. The Company makes no representations that the Website or any of its content is available or suitable for use outside of the United States. Certain people or nations may not be able to access the Website. If you access the Website from a location other than the United States, you do so at your own risk and are responsible for adhering to local laws.
Health Warnings
We urge that you check with your physician or another trained health provider before using the Vidacalm and obtain medical approval to use it.
Any references to physical or mental health on the Website are an educational service that only provides general health information. The materials on the Website are given "as is" and without any express or implied warranties of any kind.
It is not intended to be a substitute for professional medical advice or treatment. The information on this website is not intended to be a substitute for direct, personal, professional medical treatment and diagnosis. Without the permission of your physician or health care provider, you should not practice or utilize any of the exercises or treatments (including products and services) listed on the Website. The content on the Website is not meant to provide specific physical or mental health advice, or any other type of advise, to any individual, and should not be relied on in that regard. Nothing on this Website should be interpreted as implying that the Company or its owner are medical practitioners.
Risks to one's health. Participating in activities suggested on the Website may involve risks. If you want to participate in these hazards, you do so deliberately and knowingly, accepting all risks associated with those actions.
Either way, there will be injuries or death. Except for claims for gross negligence or intentional tort, you will hold the Website, its owner, agents, and employees harmless from all liability for all claims for damages due to injuries or death, including attorneys' fees and costs, incurred by you or third parties arising out of or relating to the activities discussed on this Website.
Warranties are hereby disclaimed.
You acknowledge that the Company cannot and does not guarantee or warrant that files available for download via the Internet or the Website are free of viruses or other harmful code. You are responsible for adopting appropriate procedures and checkpoints to meet your specific requirements for anti-virus protection and data input and output accuracy, as well as for maintaining a means external to the Website for any data reconstruction. To the fullest extent permitted by law, the Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material as a result of your use of the Website or any services or items obtained through it, or your downloading of any material posted on it or any website linked to it.
The Website, its content, and any services or items received through the Website are used at your own risk. The Website, its content, and any services or commodities purchased via the Website are given "as is" and "as available," with no express or implied warranties of any kind. Neither the Company nor anyone associated with the Company makes any warranty or representation regarding the Website's completeness, security, reliability, quality, correctness, or availability. Neither the Company nor anyone associated with the Company represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will meet your needs or expectations in any other way.
To the greatest extent permitted by law, the Company expressly disclaims any warranties of any kind, express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, noninfringement, and fitness for a particular purpose.
The preceding does not apply to any warranties that, by law, cannot be excluded or limited.
Liability Restriction
To the greatest extent permitted by law, the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors will not be liable for any damages of any kind arising out of or in connection with your use or inability to use the Website, any websites linked to it, any content on the Website or those other websites, or any services or items obtained through the Website or those other websites, including a Furthermore, the Company is not accountable for any spam emails sent by a third party posing as the Company or its owner. The Company will also not be held liable for any spam emails sent by third parties marketing our products.
The preceding has no bearing on any liability that cannot be excluded or limited by applicable legislation.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, as well as their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this agreement or use of the Website.
Jurisdiction and Governing Law
All matters relating to the Website and this agreement, as well as any dispute or claim arising from or related to it (including non-contractual disputes or claims), are governed by Michigan law, without regard to any choice or conflict of law provision or rule (whether of Michigan or any other jurisdiction).
Any legal suit, action, or proceeding arising out of or related to this agreement or the Website that is not subject to arbitration will be brought exclusively in the federal courts of the United States located in the state of Michigan or the state courts of the state of Michigan, except that the Company may bring any suit, action, or proceeding against you for breach of this agreement in your country of residence or any other relevant country. You waive all objections to such courts' exercise of jurisdiction over you and venue in those courts.
Arbitration
The Company may, in its sole discretion, require you to submit any disputes arising from this agreement or your use of the Website to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Michigan law.
Waiver of Class Action
All claims arising out of or relating to this agreement or the Website must be brought in the parties' individual capacity, not as a plaintiff or class member in any purported class or representative proceeding, and the arbitrator may not consolidate more than one person's claims, unless the Company agrees otherwise.
Time Limit for Filing Claims
Any cause of action or claim you may have arising out of or pertaining to this agreement or the Website must be brought within one year of the occurrence of the cause of action, otherwise the cause of action or claim will be permanently barred.
The Terms of Waiver and Severability
No waiver of any term specified in this agreement by the Company will be construed a further or continuing waiver of that term or a waiver of any other term, and the Company's omission to assert a right or provision under this agreement will not constitute a waiver of that right or provision.
If a court or other tribunal of competent jurisdiction rules that any provision of this agreement is invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the bare minimum so that the remaining provisions of this agreement will remain in full force and effect.
Policy on Anti-Spam
The privacy of internet users is extremely important to https://vidacalm.com and our clients. As a crucial component of our business, we support the preservation of our clients' and consumers' privacy rights. Because personal privacy integrity is at the heart of our business, our success is dependent on our ability to keep the trust of those who use our goods. We have two overarching policies to do this:
A. Policy on Message Recipients
Clients must have accepted to receive messages, advertisements, or promotions from https://vidacalm.com before they can receive them. Any receiver may request to be removed from our list at any time, and we will honor that request. Furthermore, we will thoroughly evaluate any claims of unsolicited texts made by receivers.
B. You have the option to unsubscribe at any time.
Each e-mail message issued from https://vidacalm.com must offer an easy mechanism for users to unsubscribe using an unsubscribe link. If you do not want to receive our emails in the future, simply CLICK HERE to be added to our Secure *Do Not Email Me* List.
C. Spam Definition
Spam is unsolicited email sent in large quantities. Spam is defined as any promotion, information, or solicitation delivered to a person via e-mail without their prior consent and where there is no pre-existing relationship between the sender and the recipient.
D. Spam Examples
Any e-mail message sent to a receiver who previously signed up to receive newsletters, product information, or any other type of bulk email but afterwards opted out by informing the sender that they did not want to receive additional email is considered spam.
Spam is any e-mail communication sent to recipients who have no prior affiliation with the organization or who have not agreed to be e-mailed by the organization.
Spam is any e-mail communication delivered to a recipient without a method for them to opt out or request that future mailings not be sent to them.
Spam is any email message that does not contain a legitimate email address in the From Line.
Spam is any email communication that contains false or misleading information in the header, subject line, or message body.
Unless the recipient has specifically requested information from that online site, every email message promoting an adult web site is spam.
Spam is any message sent to e-mail addresses obtained from web sites, newsgroups, or other places of the Internet.
E. Unsolicited email communications are not permitted to be used to promote our website.
All e-mails promoting https://vidacalm.com or its products must be delivered only to clients who have agreed to receive them. We strictly restrict the use of unsolicited email messages to promote our brand and website. Noncompliance with this policy will result in partnership and/or affiliate account cancellation. If you believe you have received unsolicited emails promoting our brand or website and wish to file a complaint, please contact our abuse department at support@vidacalm.com. We will evaluate all claims of unsolicited texts as soon as possible.
Complete Agreement
These terms and conditions, including the policies included by direct reference herein, form your complete agreement with us about your use of our website.