Vital Circle, LLC (“Vendor”) provides web-based testing and vaccination verification, mail-to-home testing supplies, physical testing and onsite support, wellness surveys and contact tracing (“Services”) through proprietary processes and technologies to organizations. Vital Circle’s processes and/or technology does not prevent the spread of any disease and is designed to give individuals and organizations information to make informed decisions and comply with laws and regulations.
Vendor requires that all customers and other users of Vendor’s Services conduct themselves with respect for others. You must observe the following rules in your use of the Services:
Vendor requests that anyone with information about a violation of these Terms report it to the following address: PO Box 57, Mount Mourne, NC 28123, or e-mail Vendor at firstname.lastname@example.org. Please provide the date and time (with time zone) of the violation and any identifying information regarding the violator, including e-mail or IP (Internet Protocol) address if available, as well as details of the violation.
All intellectual property rights, and all other proprietary rights, in and to the Services, including all such rights developed by or on behalf of Vendor, are and shall remain the sole property of Vendor and its licensors. You hereby irrevocably assign to Vendor all suggestions, ideas, enhancement requests, and other feedback you provide to Vendor relating to the Services.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY NON-EXCLUDABLE RIGHTS AND REMEDIES YOU MAY HAVE UNDER APPLICABLE LAW, VENDOR, ITS LICENSORS, AND ITS SUPPLIERS, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. VENDOR DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. VENDOR DOES NOT WARRANT THAT IT WILL REVIEW YOUR DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN YOUR DATA WITHOUT LOSS. YOU UNDERSTAND THAT USE OF THE SERVICES NECESSARILY INVOLVES TRANSMISSION OF YOUR DATA OVER NETWORKS THAT VENDOR DOES NOT OWN, OPERATE, OR CONTROL, AND THAT VENDOR IS NOT RESPONSIBLE FOR ANY OF YOUR DATA LOST, ALTERED, INTERCEPTED OR STORED ACROSS SUCH NETWORKS. VENDOR WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE VENDOR’S REASONABLE CONTROL.
IN NO EVENT SHALL VENDOR (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) BE LIABLE TO YOU HEREUNDER FOR ANY DAMAGES LOSSES OR EXPENSES, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES, OR EXPENSES (INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOST BUSINESS OR LOST PROFITS) EVEN IF VENDOR HAS BEEN ADVISED OF THEIR POSSIBLE EXISTENCE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. NOTWITHSTANDING THE FOREGOING SENTENCE, THESE TERMS DO NOT AFFECT CONSUMER RIGHTS THAT CANNOT BY LAW BE WAIVED OR LIMITED, AND THESE TERMS DO NOT EXCLUDE OR LIMIT LIABILITY ARISING OUT OF VENDOR’S GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT.
If Vendor, in its sole discretion, determines that you or your use of the Services violate these Terms, Vendor may take one or more of the following actions in its sole discretion without prior notice: (i) immediately suspend your access to the Services; (ii) immediately terminate and delete your account along with all content associated with that account; and/or (iii) permanently ban you from using the Services. Further, you agree that Vendor will not be liable to you or any third party for any termination of your access to the Services.
Vendor may change these Terms at any time by posting a new version on Vendor’s website and sending you notice thereof. The new version will become effective on the date of such notice, and by continuing to use the Services after any revised Terms become effective, you agree to be bound by the new Terms.
To the extent permitted by law, you agree that you will not join any claim with the claim of any other person or entity, and you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Vendor and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Vendor incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits:
Updated August 2022