Terms and Conditions of Use
“Affiliates” refers to companies and divisions under the ownership of the Company or that own the Company.
“Company” means Vital Decisions, LLC, the owner and operator of the Website.
“Content” includes all Text, Graphics, design and Programming used on the Website.
“Graphics” includes all logos, buttons, and other graphical elements on the Website, including the color combinations and the page layout of the Website, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission.
“Text” includes all text on every page of the Website, whether editorial, navigational, or instructional.
II. Use Of This Website
This Website provides an advance care planning service that allows you to obtain state-specific advance directives, healthcare proxy, and other similar forms.
A limited license is granted to you by us to view, download, and use a single copy of the Website solely for your personal, non-commercial use and only as an aid to using the services that are provided on the Website. The Website may only be used in a manner consistent with this purpose, and only within the context of the services and information set forth on the Website. Except as provided herein, you are not permitted to download (other than page caching), copy or change any portion of the Website, unless you have our express written consent.
We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date, and we make no representation as to the completeness, accuracy or currency of any information on the Website.
III. Account Registration
Certain functions of the Website may require registration, including purchasing products or services. You may only create and use an account for your own personal use. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other information relating to your account confidential. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including but not limited to any damages of any kind incurred as a result of such acts or omissions. If you delete your account, we may still need to retain certain information, including your survey data, for record keeping, administrative, legal and technical purposes. By registering for an account, you grant us permission to send emails, surveys, offers, promotions and other marketing material to you via email or push notification, including both commercial and transactional/relationship content. You may unsubscribe at any time.
IV. Restrictions on Use of the Website
Email or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, or otherwise unlawful;
Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;
Email or transmit content that infringes on the intellectual property or the right of any entity or person;
Intentionally or unintentionally violate any applicable local, state, national or international law;
Email or transmit material that includes viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; and/or
Disrupt the normal flow of communications or affect the ability of others to engage in activities via this Website.
V. Termination of Access
Use of this Website is a privilege. We reserve the right to suspend or terminate your access to the Website for any reason at any time, in our sole discretion. The Website and its contents are not intended for the use of children under the age of 18. Children under the age of 18 may not use or submit any information to the Website. Individuals under the age of 18 may only access the Website under the supervision of a parent or legal guardian who is at least 18 years of age, and who agrees to be bound by, and responsible for, actions taken and information submitted on the Website.
VI. Information You Provide to Us Via this Website
If you choose to provide any personal information via this Website, the information will be used only for certain purposes, as described in our Privacy Notice. Additionally, we may collect or share certain information based on your usage of the Website, as described in our Privacy Notice.
In order to facilitate communications between you and us, this Website offers you the ability to contact us. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Notice to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable. We shall have no liability whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising from or in connection with any unauthorized use by third parties of any information that you send by email.
Limitations on Information Submitted
We do not seek to receive any confidential or proprietary information or trade secrets of third parties through the Website, and we seek only the minimum necessary information to provide our services and products.
Ownership of Submissions
By sending us information (“Submissions”), you are granting us an irrevocable and unrestricted worldwide license to use, modify, reproduce, adapt, transmit, sell, license and sub-license, create derivative works from, publicly display, perform and distribute your Submissions so long as they are de-identified or aggregated for any purpose whatsoever (commercial or otherwise), in any form, media or technology, whether now known or hereafter developed, alone or as part of other works, with no additional payment or other compensation to you, subject to the Privacy Notice. We will not publicize any information that could be used to identify you personally in connection with the Submission to protect your privacy.
You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission, as further set forth below. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory, excluding This section will survive termination of this Agreement for any reason.
VII. Monitoring Of Information
We do not assume any obligation to review or monitor the content or other information submitted to the Website by third-parties. You assume the risk of verifying the accuracy of such information posted through independent investigation. Notwithstanding the foregoing, we may, at our discretion, review information submitted to the Website for any purpose whatsoever and we reserve the right, in our sole discretion, to remove, edit or reject any information submitted to the Website for any reason whatsoever.
VIII. No Medical Advice
The Website, its content, and the services and products provided by the Company are for informational purposes only and do not constitute professional medical advice, diagnosis, or treatment. Using, accessing and/or browsing the Website and/or providing personal or medical information to the Company does not create a physician-patient relationship between you and the Company, and nothing contained in the Website is intended replace the services or to be a substitute for medical advice of a licensed physician or trained health professional licensed in your state. Please seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or your living will. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Website.
IX. No Legal Advice
The Website, its content, and the services and products provided by the Company are for informational purposes only and are not intended to be a substitute for professional legal advice. Using, accessing and/or browsing the Website and/or providing personal information to the Company does not create an attorney-client relationship between you and the Company. Each state's laws may include separate requirements for advance directives, healthcare powers of attorney, and similar documents, and may be subject to interpretation by different courts. The information contained on the Website and the services and products provided by the Company are not legal advice and are not guaranteed to be correct, complete or up-to-date. The Website and the Company’s products and services are not substitutes for the advice or services of an attorney licensed in the appropriate jurisdiction.
X. Intellectual Property Rights
XI. Disclaimer of Warranties & Limitations of Liability
Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website and for the Company to provide you with its products and/or services. Your use of the Website, and the obligations and liabilities of us in respect of your use of the Website and the products and/or services provided by the Company, is expressly limited as follows:
DISCLAIMER OF WARRANTIES
THE WEBSITE, ITS CONTENT, AND THE SERVICES AND/OR PRODUCTS OFFERED BY THE COMPANY ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. THE COMPANY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Your use of this Website and SERVICES, and/OR reliance on any of its content is at your own risk.
THE COMPANY does not warrant that the functions or content contained in this Website will be uninterrupted, Accurate or error-free. You, and not THE COMPANY, assume the cost of all necessary servicing, repair, or correction in the event that there is any loss or damage arising from or in connection with the use of this Website or its content. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING the USE, OR THE RESULT OF USE, OF THE CONTENT OF THIS WEBSITE RELATED TO ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THIS WEBSITE MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND We MAY MAKE CHANGES OR IMPROVEMENTS TO THIS WEBSITE AT ANY TIME with or without notice.
NEITHER THE COMPANY NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THIS WEBSITE SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS WEBSITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF THE COMPANY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID THE COMPANY FOR SERVICES OR ONE HUNDRED U.S. DOLLARS, WHICHEVER IS GREATER.
Release and Indemnification
You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release the Company, and its subsidiaries, Affiliates and each of their officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with your use of this Website, and the products and/or services provided by the Company.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SOME OF THE EXCLUSIONS AND/OR LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU.
XII. General Information
Choice of Law; Jurisdiction; Venue. Your use of this Website and any dispute arising out of or in connection with this Website shall be governed by the laws of the State of New Jersey without giving effect to any conflict of laws provisions. By accessing this Website, you agree that any action or proceeding arising out of or in connection with this Website shall be brought solely in a court of competent jurisdiction sitting in the State of New Jersey, and you agree to submit to the personal and exclusive jurisdiction of the courts located in New Jersey. You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in other courts and any objection to venue with respect to such proceeding.
Viruses and Transmission of Sensitive Information
We cannot and do not guarantee or warrant that the materials contained on this Website will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively “viruses”). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. The Company does not assume any responsibility or risk for your use of the Internet, nor do we assume any responsibility for any products or services of, or hyperlinks to, third-parties.
We do not represent that materials on the Website are appropriate or available for use in your location. Persons who choose to access the Website do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.