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Terms of Service

This Terms of Use Agreement (“Agreement”) states the terms and conditions under which you may use this website (“Site”).  Please read this Agreement carefully.  This Site contains various information relating to Vital Grace (“Content”). By accessing, browsing and/or using this Site you acknowledge that you have read, understood and agree to be legally bound by this Agreement. If you do not accept this Agreement (and therefore do not agree to be bound by this Agreement), do not use this Site.  Vital Grace reserves to the right to amend this Agreement at any time by posting the amended terms on the Site.

YOU AGREE THAT DISPUTES BETWEEN VITAL GRACE AND YOU WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION UNDER THE TERMS OF THIS AGREEMENT AS FURTHER OUTLINED BELOW.

Terms for Users 

This Site is based on Georgia.  Vital Grace makes no claims concerning whether the Content may be downloaded or are appropriate for use outside of the United States.  If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Restrictions on Use

You acknowledge that this Site contains content that is protected by copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed.  You also acknowledge that the Content is and shall remain the property of Vital Grace.  You shall at no time assert any claims of ownership over any content by reason of your use of or any right to use this Site and shall not grant or create or suffer to exist any lien or other security interest arising therefrom.  You agree to comply with all copyright and trademark laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.  Vital Grace authorizes you to view and use the Content on this Site solely for your personal, noncommercial use. Any and all use of our trademarks by You  will inure to the benefit of Vital Grace and You will not obtain or retain any rights in the trademarks. The use of the Content on any other site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without Vital Grace’s prior written approval. For permission to use Content from this Site or from a newsletter authored and distributed by Vital Grace, request written permission and provide full attribution. Permission should be requested by contacting Kevin Brown. Attribution for Site Content should be given as follows: “Reprinted with permission from Vital Grace.” 

We welcome and encourage you to provide us with feedback, comments, and suggestions for improvements to the Site (“Feedback“). Any Feedback you submit to us will be owned by us and we may use and exploit that Feedback without restriction for any purpose, without compensation to you.

Termination 

Vital Grace reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content, at any time and for any reason without prior written notice or liability.  Vital Grace reserves the right to change, suspend, or discontinue all or any part of this Site or the Content at any time without prior notice or liability.

Copyright Infringement

Elements of this Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors.  None of the Content on this Site may be retransmitted without the express written consent of Vital Grace.

If you believe that anything on the Site infringes a copyright that you own or control, please send us a written notice to the address or email below that meets the requirements set forth in the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”). 

Vital Grace

3138 Maple Road

30147

support@vitalgrace.com

Please note that if you knowingly give false, misleading, or inaccurate information regarding the existence of infringing content, you may face legal consequences.

Use of Personally Identifiable Information

Vital Grace places a high priority on protecting your privacy.  Individuals that sign up to receive services or sign up to assist Vital Grace voluntarily provides Vital Grace with contact information (such as name and email address).  Vital Grace may use this information for specific limited purposes including but not limited to, the dissemination of written communications from Vital Grace, statistical metrics, and assist with server problems.  You may choose to opt out at any time, thereby ceasing communications from Vital Grace. 

Disclaimers

The Content provided on this Site is provided as a service to members of the public.  Information presented on this Site is provided for informational purposes only.  No information presented on this Site constitutes legal advice, nor does it create an attorney-client relationship between Vital Grace and any other party.

You acknowledge and agree that this Site and the Content therein are provided on an “as is” and “as available” basis.  Vital Grace, including its members, officers, directors, employees, and agents, does not guarantee the accuracy, completeness, or usefulness of any of the Content.

Vital Grace does not warrant that this Site will be uninterrupted or error free or that this Site, its server or any files available for downloading through this Site are free of computer viruses or other harmful elements.  You expressly agree that the entire risk as to the quality and performance of this Site and the accuracy or completeness of the Content is assumed solely by you.

Vital Grace hereby specifically disclaims any representations, endorsements, guarantees, or warranties, express or implied, regarding this Site or any Content, including without limitation, the implied warranties of merchantability and fitness for a particular purpose and non-infringement of third-party rights. 

Limitation of Liability

Under no circumstances will Vital Grace be liable for any loss or damage caused by your reliance on information obtained through the Content on the Site.  It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information or any content available through the Site.

In no event shall Vital Grace be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to the Content, service, or this Agreement, whether based on warranty, contract, tort, or other legal theory.

Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential or incidental damages, in such jurisdiction Vital Grace’s liability is limited to the greatest extent permitted by law.

Your sole and exclusive remedy for dissatisfaction with this Site is to stop using this Site.

Links to Other Sites

As a convenience to you, this Site may periodically provide links to third party websites through links available on this Site including websites of entities that are affiliated with Vital Grace.  Lists of links are not complete lists of relevant and/or useful internet resources.  Our decision to link to a third-party website is not an endorsement of the content in that linked third party website.  Vital Grace is not responsible for the content of any third-party website, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, correctness, or completeness of such content) on any third-party websites, and Vital Grace shall have no liability of any nature whatsoever in relation to any of the foregoing.  You should take precautions when downloading files from all Sites to protect your computer from viruses and other destructive programs.  If you decide to access linked third-party websites, you do so at your own risk.  You should direct any concerns to the third-party websites’ administrator or webmaster.

Indemnification

To the maximum extent permitted by law, you agree to indemnify and hold Vital Grace harmless from any losses, including legal fees and expenses, that directly or indirectly result from (i) your use of the Site; (ii) your violation of any laws or regulations; (iii) any misrepresentations made by you; or (iv) a breach of any representations or warranties you’ve made to us. We reserve the right to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such an event, you shall provide us with such cooperation as we reasonably request.

Dispute Resolution/Arbitration

Except for disputes eligible for small claims court, all disputes arising out of or related to these Terms or any aspect of the relationship between You and Vital Grace (including communications), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. You acknowledge and agree that You are waiving the right to trial by a jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. All such matters will be decided by an arbitrator and not by a court or judge.

You agree that any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.  Further, unless You and Vital Grace otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceedings. This section shall survive any termination of this Agreement.)

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by these Terms. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other relevant circumstances. If the parties are unable to agree on a location, the AAA or the arbitrator will determine the location. 

The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. 

You may opt out of this agreement to arbitrate by emailing us with your first name, last name, phone number, and address within 30 days of accepting this agreement to arbitrate, with a statement that you decline this arbitration agreement.

Notwithstanding any of the foregoing, nothing in these Terms will prevent you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

All disputes arising out of or related to these Terms or any aspect of the relationship between us (including any communications between us), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and eligible for small claims court, will be resolved exclusively in a Georgia Magistrate Court,  and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes. Without prejudice to the foregoing, you agree that, in our sole discretion, Vital Grace may elect to resolve any Dispute it has with you in any competent court in the country in which you reside that has jurisdiction over the Dispute.

The laws of the United States (including federal arbitration law) and the State of Georgia govern these Terms, as well as any Disputes, whether in court or arbitration, which might arise between us, without regard to conflict of law provisions, and regardless of your location.

‍Export Controls

You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not: (i) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (ii) on any of the U.S. government lists of restricted end users.

Changes to these Terms

Vital Grace may modify these Terms from time to time. When Vital Grace updates these Terms, it will post the new Terms on the Site. Your continued use of the Site confirms your acceptance of the updates. If you do not agree to any update, you must stop using the Site.

Miscellaneous

  • Unless a mutually executed agreement between us states otherwise, these Terms make up the entire agreement between us regarding Vital Grace and supersede any prior agreements regarding the subject matter of these Terms.
  • These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agent, or franchisor-franchisee relationship between us.
  • Pursuant to 47 U.S.C. Section 230(d), as amended, we notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. 
  • All of the rights and obligations under these Terms are freely assignable by Vital Grace to any of its affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise. You agree not to transfer any of your rights or obligations under these Terms to anyone else without Vital Grace’s prior written consent.
  • Except as expressly set forth herein, there are no third-party beneficiaries to these Terms.
  • If Vital Grace fails to enforce any of these Terms, it will not be considered a waiver.
  • If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
  • These Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of these Terms conflicts with the English version, the English version controls.