THEVITALPORTAL COMMUNITY ACCESS AGREEMENT

1. INTRODUCTION

The following contract spells out what you can expect from us and what we expect from you. If you agree to what you read below, check "Yes" and type in your name, email address and telephone number at the end of this document to acknowledge your agreement. We will send email to confirm your acceptence.

We intend this to be the legal equivalent of your signature on a written contract and equally binding. Only by Checking "Yes" will you be able to access and use the services available on this Website.

2. ACCESS APPLICATIONS AND WEBSITE SERVICES

Your access to the various website services available on this Website and Access Application depends on the level of access you select. You may change or discontinue your account at any time. We reserve the right to modify, suspend or terminate access to the service on our system at any time for any reason without notice or refund, including the right to require you to change your login identification code or password. We also reserve the right to delete all program and data files associated with your account and other information you have on our system.

3. FEES AND PAYMENT

Depending on the your subscription or investment, we will charge you a standard monthly fee for using our system as well as additional fees depending on the type of service you have selected. You should review the complete and current price list before signing up for any services.

We send out invoices no less than ten (10) calendar days in advance of the due date. Our electronic payment platform allows you to pay by credit/debit card or ACH/check when you sign up. You can make payment arrangements or cancel your account at any time.

Still, you will remain liable for all charges accrued up to that time, including total monthly charges for the month you discontinued service. We reserve the right to change our fees for services offered. You may all of the the services at any time for any reason, but whenever possible, we will give you at least two months' advance notice of such change.

4. SYSTEM ACCESS RULES

Vital Inc. will provide software to facilitate your ability to use TheVitalPortal.com. You agree to be bound by specific rules for adequately using this service. You are required to use the Access Application provided to you to enter the portal. Your failure to follow these rules, whether listed below in the contract or bulletins posted at various points in the system, may result in the termination of your service:

Do not tell others your password or let anyone else use your account.
Only attempt to log in once simultaneously on any given account with the specific permission of one of our operators.
While you should feel free to express yourself, you should respect other system users and not do anything to attack or injure others.
Please do not use our system to commit a crime or to plan, encourage or help others commit a crime, including crimes relating to computers.

5. PRIVACY CONSIDERATIONS

In most cases, your communications on this system are viewed only by you and anyone to whom you address your message. However, as system operators, we may need to review or monitor your electronic mail and other communications occasionally. In addition, we reserve the right to copy and distribute any information associated with your activities on the system to third parties. Therefore, you should not expect a right to privacy in your communications.

6. PROPRIETARY RIGHTS

By posting messages, uploading files, inputting data, or engaging in any form of communication on our message boards, blogs, calendars, and other public forums, you are, as a result of this granting to the public a restricted license to use, copy, and distribute communications, information or any underlying work in which you may possess proprietary rights, including but not limited to copyright rights.

However, we do not permit the alteration, material change, or modification of any content or media in any form of communication on our message boards, blogs, calendars, and other public forums without your permission. Furthermore, we explicitly allow Subscribers to use our content development tools and "Creator" portals to create original, authentic content and media. In addition to this "safe space," if the Subscriber provides us in writing, the Subscriber to informs us of their intent to file for copyright protection. Although, you do not have the right to distribute the material beyond the internal message boards inside our portals. The Subscriber shall have no recourse against us as the system provider for any alleged or actual infringement of any proprietary rights to which you may claim ownership if we restrict the use of the portal for attempting to circumvent these rules discussed here.

Your use of our system affords you access to many of the features of our system, but some aspects of our system remain within our exclusive proprietary control. Our suppliers or Vital Inc. own the intellectual property rights to any and all protectable components of our system, including but not limited to the computer devices and software, the related documentation, the end-user interfaces, the name of our system, many of the individual features, and the collective works consisting of sequences of all public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. In addition, you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or dissemble any aspect of the system that we or our suppliers own.

7. LIMITATION OF LIABILITY

You must bear the risk of any liability relating to your use of our system. We would not be able to operate this system if we were held accountable for every wrongful action by every online Subscriber.

ACCORDINGLY, YOUR USE OF OUR ONLINE SYSTEM IS ENTIRELY AT YOUR SOLE RISK WHEN YOU USE OUR SYSTEM OUTSIDE OF THE BOUNDARIES OF THIS SUBSCRIPTION. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR AS A RESULT OF YOUR USE OF OUR SYSTEM OUTSIDE OF THE BOUNDARIES OF THIS SUBSCRIPTION. YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED YOU OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

8. INDEMNITY

You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.

9. DISCLAIMERS OF WARRANTY

THE SYSTEM PROVIDES "AS IS" ACCESS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.

10. CHOICE OF LAW

You agree that this Agreement shall, for all purposes, be governed by and construed in accordance with the laws of LOWNDES COUNTY of STATE OF GEORGIA and that any action arising out of this Agreement shall be litigated and enforced under the laws of the [State/Province] of [STATE/PROVINCE]. In addition, you agree to submit to the jurisdiction of the courts of the [STATE/PROVINCE] and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the [STATE/PROVINCE].

11. ACKNOWLEDGMENT

This Agreement represents the entire understanding between you and us regarding your relationship with THEVITALPORTAL.COM and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE SUBSCRIBER AGREEMENT, please click the "Yes" button below. If you do not agree to the terms of the Subscriber Agreement, please click the "No" button to log off the system.

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