Disclaimer

THE SERVICES (INCLUDING SITE, APPS, AND CONTENT) AND USER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, VIBRANT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

VIBRANT MAKES NO WARRANTY THAT THE SITE, APPS, CONTENT, USER CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. VIBRANT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED THROUGH THE SITE, APPS, CONTENT, USER CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, APPS, CONTENT, USER CONTENT OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR ADVICE WITH RESPECT TO ANY FOOD PRODUCT. VIBRANT DOES NOT REGULARLY MONITOR OR UPDATE THE ACCURACY OR RELIABILITY OF THE CONTENT OR USER CONTENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VIBRANT OR THROUGH THE SITE, APPS, CONTENT, USER CONTENT OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN OR CREATE ANY LIABILITY ON THE PART OF VIBRANT.

THE SITE, APPS, CONTENT, USER CONTENT AND SERVICES ARE FOR CONSUMER EDUCATIONAL USE ONLY. NOTHING CONTAINED IN THE SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL, NUTRITIONAL OR ANY OTHER PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT. THIS SITE, APPS, CONTENT AND THE SERVICES DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NUTRITIONAL, DIETETIC, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. VIBRANT ADVISES USERS TO ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED, LICENSED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH, NUTRITION OR MEDICAL CONDITIONS. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED, LICENSED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE OR APPS. VIBRANT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION, TOOLS, OR CONTENT INCLUDED IN THE SITE, APPS, CONTENT, USER CONTENT OR SERVICES.

PLEASE ALSO REVIEW THE SPECIFIC DISCLAIMERS IN SECTION “CERTAIN DISCLAIMERS”.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES (INCLUDING THE SITE, APPS, OR SITE CONTENT), OR THIRD PARTY SITES & ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES (INCLUDING THE SITE, APPS, CONTENT AND USER CONTENT), AND THIRD PARTY SITES & ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF VIBRANT TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO VIBRANT FOR ACCESS TO AND USE OF THE SITE, CONTENT, OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN VIBRANT AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

You agree to indemnify and hold Vibrant, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, or (c) your violation of this Agreement. Vibrant reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Vibrant. Vibrant will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

If you violate any of these Terms of Service, your permission to use the Site, Apps, Content, and Services will automatically terminate. Vibrant reserves the right to revoke your access to and use of the Site, Apps, Content, and Services at any time, with or without cause.

Vibrant respects the intellectual property rights of others and expects users of the Site to do the same. At Vibrant’s discretion and in appropriate circumstances, Vibrant may terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. Vibrant may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of copyright infringement if Vibrant believe in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond or otherwise address such complaint. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), Vibrant’s designated agent for notice of alleged copyright infringement appearing on the Site is: Copyright Agent, email:[email protected]

Filing a notice of infringement with Vibrant requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site, http://lcweb.loc.gov/copyright

Changes to Terms of Service. You acknowledge and agree that Vibrant may revise these Terms of Service from time to time. By continuing to access or use the Site, Content, or Services after Vibrant makes any such revision, you agree to be bound by the revised Terms of Service.

Severability. In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.

Waiver. The failure of Vibrant to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

Governing Law. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.

Copyright/Trademark Information. Copyright © 2018-2019, Vibrant. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Entire Agreement. This Agreement (which includes the Privacy Policy and any other rules posted on the Site or Apps) constitute the entire and exclusive agreement between Vibrant and you regarding the Site, Apps, Content, User Content, and Services, and these Terms of Service supersede and replace any prior agreements between Vibrant and you regarding the Site, Content, and Services. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Vibrant’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

If you have any questions about these Terms of Service, please contact Vibrant at [email protected].

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