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PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU CONSENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE IMMEDIATELY DISCONTINUE USE OF THE WEBSITE.
Welcome to the vitalenci.com website (the “Website”), which is owned and operated by Vitalenci, Inc. (“we”, “us”, and “our”). These terms of use (“Terms of Use”), identify the terms and conditions on which we agree to make the Website available to you, and you agree to access and use the Website. By accessing and browsing any area of the Website, you agree to be legally bound by these Terms of Use and you agree to the processing of your personal data in accordance with our Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference. If you do not agree with any term or condition of these Terms of Use or our Privacy Policy, immediately discontinue use of the Website.
You may access and use the Website for lawful, non-commercial purposes only. Any unauthorized activity may lead to legal action. Do not misuse our Website by attempting unauthorized access or any action that would harm its functionalities.
All content available on the Website, including text, graphics, logos, images, etc., is the property of Vitalenci, Inc. or our licensors and protected by copyright laws. Do not reproduce, distribute, or exploit any content without explicit permission. Materials you provide or transmit through the Website ("Your Materials") are non-confidential and become our property, compliant with our Privacy Policy.
Our Website may contain links to third-party websites or services. We do not control or endorse these sites. Access and use of third-party sites are solely at your own risk. We encourage you to read their terms and privacy policies.
THE WEBSITE IS PROVIDED “AS IS”. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR PURPOSE, OR NON-INFRINGEMENT. We do not guarantee uninterrupted or error-free access, nor the accuracy or reliability of the content.
YOUR RELIANCE ON ANY INFORMATION ON THIS WEBSITE IS AT YOUR OWN RISK. Information provided is not medical advice or a substitute for professional health care. For health concerns or emergencies, consult a healthcare professional or emergency services immediately.
5.1 90-Day Transformational Results Guarantee: We guarantee results within 90 days, or your money back. Here’s how it works: Commit to your wellness journey, follow the guidance, and do the work. If you don’t experience a real, noticeable difference in your health, mindset, or well-being, simply reach out, and we’ll refund your investment in full. No matter which product or program you choose, we stand by our promise of transformation. Engage fully, follow the steps, and if the results don’t show—we’ll make it right, guaranteed.
6.1 Release and Limitation of Liability: By utilizing our Website, you, for yourself and on behalf of your successors, heirs, representatives, and any individuals asserting claims through or by you, hereby waive and release us, including our officers, directors, employees, contractors, agents, content providers, telecommunication providers, and shareholders (collectively referred to as the “Released Parties”), from all claims, actions, liabilities, costs, damages, and expenses, direct or indirect, known or unknown, arising from or related to your use or inability to use the Website, any third-party site, or any content therein. This release applies regardless of the legal theory upon which the claim is based, and even if the Released Parties have been advised or should have been aware of the potential for such damages.
You further acknowledge that the Released Parties are not liable for acts or omissions, negligent or intentional, of any third-party, or your own actions or failures to act. The aggregate liability of the Released Parties shall be confined to the fees you paid to us for services obtained via the Website. In no circumstance will the Released Parties be liable for direct, indirect, incidental, consequential, special, or punitive damages. Additionally, the Released Parties are explicitly exempted from liability for events beyond their control, including but not limited to equipment failures, unauthorized access, communication disruptions, natural disasters, or regulatory impositions.
6.2 Indemnification: You commit to indemnify, defend, and hold the Released Parties harmless from any claims, actions, liabilities, damages, losses, costs, and expenses, including attorney's fees, which arise from or are linked to your: (i) use or access of the Website or a third-party site; (ii) acquisition of services through the Website; (iii) breach of these Terms of Use; (iv) negligence or misconduct; (v) violation of third-party rights, encompassing intellectual property rights.
6.3 Time Limitation on Claims: You recognize and concur that any legal claim or cause of action arising from or related to these Terms of Use or your engagement with the Website must be instituted within one (1) year following the cause of action's emergence. Failing to initiate within this timeframe results in the claim or cause of action being irrevocably barred.
Should you have a claim or dispute ("Dispute") against or with us and/or any of the Released Parties, we advocate for an initial informal resolution through direct discussions amongst all concerned parties. In the event these amicable negotiations do not lead to a resolution, all parties concur to earnestly engage in a mediation process within the State of Utah, prior to considering any form of litigation or other dispute resolution mechanisms. A list of three eligible mediators shall be provided by us, from which you may select one. The costs associated with the mediation, including mediator fees, will be borne equally by all disputing parties. These mediation deliberations will be strictly confidential, limited to a maximum of three consecutive business days, and approached as compromise and settlement dialogues in accordance with the prevailing evidentiary rules. Should a legal action ensue regarding the Dispute, the prevailing party shall be entitled to recover its expenses, costs, and attorneys’ fees incurred at all stages, including pre-trial, trial, appellate, and others.
These Terms of Use are to be construed, interpreted, and enforced under the laws of the State of Utah, without reference to its conflict of laws principles. The venue for all legal actions or proceedings shall exclusively lie within the State of Utah. By agreeing to these terms:
(i) You irrevocably submit to the jurisdiction of the courts of the State of Utah for any legal proceeding stemming from or connected with the Dispute, these Terms of Use, your utilization of the Website or any Third Party Site, any offerings via the Website, or your relationship with us (herein referred to as “Proceeding”).
(ii) You consent that all claims associated with any Proceeding can be adjudicated in said courts.
(iii) You waive, to the fullest extent permissible under the law, any objections or defenses to the jurisdiction or venue of such courts.
(iv) You agree not to initiate any Proceeding outside the jurisdiction of the State of Utah.
(v) You further waive any arguments that a Proceeding initiated within the State of Utah was conducted in an inconvenient forum.
By assenting to these terms, you recognize that you might be summoned to respond to legal actions initiated within the State of Utah.
The headings and titles contained within these Terms of Use are incorporated solely for organizational purposes and offer no guidance in interpreting the provisions of the agreement. In the event that any provision, or portion thereof, within these Terms of Use is deemed illegal, invalid, or unenforceable by a competent court, the validity and enforceability of the remainder of these Terms shall remain unaffected and continue in full force to the maximum extent permissible by law.
We reserve the right, at our sole discretion, to modify our Terms of Use and Privacy Policy periodically. Any such modifications will be promptly reflected on the Website. As a user, it is incumbent upon you to review these documents each time you access the Website. The date of the most recent revisions will be prominently displayed at the beginning of each document. By accessing and utilizing the Website, you tacitly agree to be bound by the prevailing terms as set forth in the then-current Terms of Use and Privacy Policy. Your continued engagement with the Website subsequent to the introduction of any modifications signifies your acceptance thereof. Should you disagree with the revised terms, you are obliged to cease all use of the Website forthwith. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of such provision.
The provisions of these Terms of Use, together with any supplementary terms, policies, rules, and guidelines published on the Website, represent the complete understanding and agreement between you and us regarding your interactions with the Website, and supersede any prior agreements, whether oral or written, pertaining to the same subject matter. Certain services or features provided through the Website may be governed by additional terms and conditions.
For any clarifications or concerns pertaining to these Terms of Use or the content on our Website, please reach out to us vitalenci.com/contact