TERMS & CONDITIONS

Last updated July 08, 2022

GENERAL STATEMENT & AGREEMENT TO TERMS

Welcome to http://www.vitalisthealingcuisine.com. This is a Website operated by Vitalist Healing Traditions. This is a website that focuses on education and embracing more mindful cooking approaches. We also offer wellness programs and courses, sometimes, we plan and organize retreats & wellness seminars. We are registered in New York, United States.

These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and Vitalist Healing Traditions Inc. (“Company”, “we”, “us”, or “our”), concerning your access to and use of the http://www.vitalisthealingcuisine.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

By participating as a brand affiliate and marketing and/or participating in the promotion of any of our services in exchange for a financial benefit, you agree to the terms contained in our Affiliate Agreement, the details of which are written below.

ELIGIBILITY/REGISTRATION

You must be at least 18 years old to use our Services. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms, your parent or guardian must agree to our Terms on your behalf.

ACCEPTABLE USE OF OUR SERVICES

Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.

Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Vitalist Healing Cuisine, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.

Harm to Vitalist Healing Cuisine or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sub license, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, de compile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.

Keeping Your Account Secure. You are responsible for keeping your device and your Vitalist Healing Cuisine account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

THIRD-PARTY SERVICES

Our Services may allow you to access, use, or interact with third-party Websites, content, and other services. For example, you may choose to use third-party data backup services (such as I Cloud or Google Drive) that are integrated with our Services or interact with a share button on a third party’s Website that enables you to send information to your Vitalist Healing Cuisine contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

LICENSES

Our Rights. Vitalist Healing Cuisine does not claim ownership of the information that you submit for your Vitalist Healing Cuisine account or through our Services. You must have the necessary rights to such information that you submit for your Vitalist Healing Cuisine account or through our Services and the right to grant the rights and licenses in our Terms.

Vitalist Healing Cuisine’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with our Brand  Guidelines.

Your License to Vitalist Healing Cuisine. In order to operate and provide our Services, you grant Vitalist Healing Cuisine a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send or receive on or through our Services. The rights you grant in this license are for the purpose of operating and providing our Services.

Vitalist Healing Cuisine’s License to You. We grant you a revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside: (5) you will not access the Site through automated or non-human means, whether, through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

USER-GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, content, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

PROHIBITED ACTIVITIES

If you participate within the website, submitting reviews, and comments, and using other interactive areas, you must not: (i) defame, abuse, harass or threaten others; (ii) make any bigoted, hateful, or racially offensive statements; (iii) advocate illegal activity or discuss illegal activities with the intent to commit them; (iv) post or distribute any material that infringes and/or violates any right of a third party or any law; (v) post or distribute any vulgar, obscene, discourteous or indecent language or images; (vi) advertise or sell to, or solicit others; (vii) use the website for commercial purposes of any kind other than to facilitate a transaction on the Site; (viii) post or distribute any software or other materials which contain a virus or other harmful component; or (ix) post material or make statements that do not generally pertain to the designated topic or theme of any interactive areas. You shall remain solely responsible for the content of your messages and shall indemnify and hold the Indemnified Parties harmless for the content of such messages. We reserve the right to remove or edit content from any reviews and/or comments, at any time and for any reason.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the Third-Party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit Such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any property right in your Submissions.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of USe; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4)in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

Vitalist Healing Cuisine protects your privacy. Any personal information you post on the Website will be used in accordance with our website’s Privacy Policy.

OUR SERVICES

Vitalist Healing Cuisine deals with food and education. We offer primarily informative ideas related to food & cooking. Vitalist Healing Cuisine is born out of the passion to see that people live a healthy and fulfilled life. We are not medical practitioners and as a result, this work is not a substitute for medical treatment it is advised that if they are concerned about your health or need a diagnosis, you need to seek professional medical care.  We also plan and organize health and wellness retreats.

MEDICAL ADVICE DISCLAIMER

All content found on this Website is only meant to give information. No content found on this Website should be taken as medical advice. You are advised to seek professional medical advice from a qualified medical practitioner for clarification or concerns regarding individual health needs and medical conditions. Vitalist Healing Cuisine does not support any specific test. We are not medical practitioners and we do not support any product, procedures, opinions, ideas, or any other information that may be included on this Website or the author of the program website.  The contents are provided by independent individuals and reliance on these suggestions, ideas, opinions, and information is solely the responsibility of the consumer. Vitalist Healing Cuisine will not be held liable for any error that may occur based on the content of the website.

FDA COMPLIANCE

The information on this website has not been evaluated by the Food & Drug Administration or any other medical body. We do not aim to diagnose, treat, cure or prevent any illness or disease. Information is shared for educational purposes only. You must consult your doctor before acting on any content on this website, especially if you are pregnant, nursing, taking medication, or have a medical condition.

GENERAL DISCLAIMERS

You use our services at your own risk and you are subject to the following disclaimers. We are providing our services on an “as is” basis without any express or implied warranties, including, but not to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error-free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the “Vitalist Healing Cuisine parties”) from any claim, complaint, cause of action, controversy, or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties. You waive any rights you may have or the law of any jurisdiction, which says that: a general release does not extend to claims that the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

COPYRIGHT NOTICE

All the information on this Website, including images, text, audio, video, and other forms of content (including the information on this disclosure page) is Copyright © Vitalist Healing Cuisine 2022 and may not be downloaded, reproduced, republished, or otherwise copied without express written permission of Vitalist Healing Cuisine. The Website and all its Content and the selection and arrangement thereof are protected as a compilation owned by Vitalist Healing Cuisine under the copyright laws of The United States and other countries. Vitalist Healing Cuisine may change the Website or delete any Content or features or services at any time, in any way, for any or no reason. Vitalist Healing Cuisine reserves all rights not expressly granted in and to the Website and the Content.

If you have any complaints with respect to the infringement of your copyright, kindly contact us at vitalisthealingcuisine@gmail.com  Where you believe that your intellectual property has been infringed upon on our Website, please notify us by email. We expeditiously respond to all concerns regarding copyright infringements.

We request that you provide the following information along with your complaint:     

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work for the purposes of the complaint.
• A proper description of the copyrighted work claimed to have been infringed.
• A description of the location of the infringing material on our Website.
• The address, telephone number, or e-mail address of the complaining party.
• A statement made by the complaining party that he has a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or by law.
• A statement deposed to under oath, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the copyright owner. Please note that this procedure is exclusively for notifying Vitalist Healing Cuisine that your copyrighted material has been infringed.

YOUR CONTENT

When you submit, upload, transmit, or display any data, information, media, or other content in connection with your use of Vitalist Healing Cuisine (“Your Content”), you understand and agree that:

• you will continue to own and be responsible for Your Content;
• we will not sell Your Content to any third party;
• you are giving us and our affiliate companies a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use Your Content (with no fees or charges payable by us to you) for the purposes of providing, promoting, developing, and trying to improve Vitalist Healing Cuisine and our other services, including new services that we may provide in the future. All such use will, to the extent Your Content contains Personal Information, be in accordance with our Vitalist Healing Cuisine Privacy Policy. As part of this license, we and our affiliate companies may subject Vitalist Healing Cuisine Privacy Policy, copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future;
  • you grant other Vitalist Healing Cuisine users a non-exclusive license to access and use Your Content within Vitalist Healing Cuisine, in accordance with these Terms and Vitalist Healing Cuisine’s functionalities;
  • we may share Your Content with third parties that we work with to help provide, promote, develop and improve Vitalist Healing Cuisine in accordance with the Vitalist Healing Cuisine Privacy Policy;
  • we may use the name that you submit in connection with Your Content (whether that be your account name, real name, or otherwise); and
  • you will comply with these Terms, including our Vitalist Healing Cuisine Acceptable Use Policy, in your submission of Your Content.    

In addition, you agree that we and our affiliate companies (subject to these Terms, our Vitalist Healing Cuisine Privacy Policy, and Applicable laws and regulations):

• can retain and continue to use Your Content after you stop using Vitalist Healing Cuisine;
• may be required to retain or disclose Your Content: (a) in order to comply with applicable laws or regulations; (b) in order to comply with a court order, subpoena, or other legal processes; (c) in order to respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); or (d) where we believe it is reasonably necessary to comply with applicable laws or regulations, in each case whether such Applicable law or regulation, legal process or government body is of your jurisdiction or elsewhere;
• may be required to retain or disclose Your Content in order to enforce these Terms or to protect any rights, property, or safety of ours, our affiliate companies, or other users of Vitalist Healing Cuisine.    

You understand that even if you seek to delete Your Content from Vitalist Healing Cuisine, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via Vitalist Healing Cuisine.

We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate, as required by applicable laws and regulations, or in accordance with the Copyright Policy.

RESPONSIBILITY FOR YOUR CONTENT

You are solely responsible for Your Content. We are not responsible for maintaining a backup of Your Content – we recommend that you always keep a backup copy of it.

You must at all times ensure that: (a) you have the rights required to copy, process, transmit, access, publish, display and use Your Content, and to grant us and other third parties the rights as set out in these Terms; and (b) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate any applicable laws or regulations or the rights of any person.

OUR INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in or to Vitalist Healing Cuisine Website (including any future updates, upgrades, and new versions to all such Vitalist Healing Cuisine Website), will continue to belong to us and our licensors. Except as expressly provided in these Terms, you have no right to use our intellectual property rights, including our trademarks or product names, logos, domain names, or other distinctive brand features, without our prior written consent. Any comments or suggestions you may provide regarding Vitalist Healing Cuisine are entirely voluntary and we will be free to use these comments and suggestions at our discretion (including using such comments to improve existing services or create new services) without any payment or other obligation to you.

We grant you a personal, non-exclusive, non-sublicensable, non-transferable, royalty-free, and revocable right to use Vitalist Healing Cuisine and any services from us as part of or in relation to your use of Vitalist Healing Cuisine, solely in accordance with these Terms and subject to any other instructions as provided by us to you in relation to your use of Vitalist Healing Cuisine from time to time. Please note that these terms may be supplemented by terms and conditions applicable to Vitalist Healing Cuisine Website.

You may not copy, modify, create derivative works, reverse compile, reverse engineer, or extract source codes from Vitalist Healing Cuisine Website, and you may not sell, distribute, redistribute or sub-license Vitalist Healing Cuisine or the Vitalist Healing Cuisine Website, except in each case to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from Vitalist Healing Cuisine Website, you will first contact us to request the information you need.

We may from time to time provide updates to the Vitalist Healing Cuisine Website. Such updates may occur automatically or manually. Please note that Vitalist Healing Cuisine. We do not guarantee that we will provide any updates for any Vitalist Healing Cuisine Website, or that such updates will continue to support your device or system. All updates to the Vitalist Healing Cuisine Website are part of the Vitalist Healing Cuisine Website and subject to these Terms, except as otherwise specified by us.

LIMITATION OF LIABILITY

The Vitalist Healing Cuisine parties will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our services, even if the Vitalist Healing Cuisine parties have been advised of the possibility of such damages. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions may not allow the exclusion or limitation of certain damages, so some or all the exclusions and limitations set forth above may not apply to you. Notwithstanding anything to contrary our terms, in such cases, the liability of the Vitalist Healing Cuisine parties will be to the fullest extent permitted by applicable law.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Vitalist Healing Cuisine Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

INFRINGEMENT OF RIGHTS

If you have an intellectual property rights-related complaint about any content posted in Vitalist Healing Cuisine, please follow the instructions set out in our Copyright Policy.

AVAILABILITY OF OUR SERVICES

Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

TERMINATION

These Terms will apply to your use of Vitalist Healing Cuisine until your access to Vitalist Healing Cuisine is terminated by either you or us.

You may terminate your use of Vitalist Healing Cuisine, or any of the services accessible therein, at any time (including if we have told you about an upcoming change to all or part of Vitalist Healing Cuisine or these Terms to which you do not agree). We may suspend or terminate your access to your account or any or all Vitalist Healing Cuisine:

• if we undertake maintenance or support of Vitalist Healing Cuisine;
• to make changes to Vitalist Healing Cuisine as notified by us to you;
• if we reasonably believe that you have breached these Terms;
  • if your use of Vitalist Healing Cuisine creates risk for us or for other users of Vitalist Healing Cuisine, gives rise to a threat of potential third-party claims against us, or is potentially damaging to our reputation;
• if such suspension or termination is required due to applicable laws; or
• to the extent permitted by applicable laws and regulations, for any other reason in our sole and absolute discretion, and where reasonably practicable, we will give you advance notice of any suspension or termination.    

If your access to Vitalist Healing Cuisine is terminated (in whole or in part) by you or us, you agree that: (a) all of your rights under these Terms will terminate (b) you will immediately and permanently delete all copies of Vitalist Healing Cuisine Website to which the termination relates and you will immediately cease accessing and using any such Vitalist Healing Cuisine Website.

RETENTION AND BACKUP OF YOUR CONTENT

Following termination of these Terms, we will only retain and use Your Content in accordance with these Terms and, to the extent, Your Content includes Personal Information, the Vitalist Healing Cuisine Privacy Policy. Subject to the Vitalist Healing Cuisine Privacy Policy and applicable laws and regulations in your jurisdiction, where we suspend or terminate all or part of Vitalist Healing Cuisine, or where your access to Vitalist Healing Cuisine is terminated by you or us, we do not guarantee that we will be able to return any of Your Content back to you and we may permanently delete Your Content without notice to you at any time after termination. Please ensure that you regularly back up Your Content.

CHANGES

We may make changes to these Terms (and any applicable Additional Terms) over time (for example, to reflect technical improvements and changes to Vitalist Healing Cuisine (for example, to address a security threat) or applicable laws and regulations, so please come back and review these Terms regularly.

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Yonkers, New York, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such date.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions of Sale shall be interpreted and governed by the laws in force in The United States. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of The United States and to waive any objections based upon venue.

ARBITRATION

Any controversy, claim, or dispute arising out of or relating to these Terms and Conditions of Use will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in The United States and governed by United States law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in The United States and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

ASSIGNMENT

Vitalist Healing Cuisine may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Vitalist Healing Cuisine Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Vitalist Healing Cuisine. Any attempted or actual assignment thereof without Vitalist Healing Cuisine’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section shall not in itself grant either Vitalist Healing Cuisine or you the right to cancel any Vitalist Healing Cuisine Services or Third-Party Services then in effect.

SEVERABILITY

If any provision of the Vitalist Healing Cuisine Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason is unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Vitalist Healing Cuisine Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.    

CONTACT US

For further inquiries or clarification, please contact us using the contact information below: vitalisthealingcuisine@gmail.com.