WEBSITE UNDER CONSTRUCTION
WEBSITE UNDER CONSTRUCTION
TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 07/18/2023.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Vitalcare Medical Spa LLC, also known as VitalCare Medical Spa, located at 8317 Gunn Hwy, Tampa, Florida 33626 and our subsidiaries and affiliates, in association with the use of the VitalCare Medical Spa website, which includes VitalCaremedspa.com, (the "Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website health care which has the following description:
Medical Spa Website - Booking iV Therapy services, Medical Massages, Skin care specialist and Medical Tattooing.
Any and all visitors to our site, despite whether they are registered or not,shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. Once an individual register's for our Services, through the process of creating an account, the user shall then be considered a "member."
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Vitalcare Medical Spa LLC. At its discretion, Vitalcare Medical Spa LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Vitalcare Medical Spa LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Vitalcare Medical Spa LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Vitalcare Medical Spa LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
REGISTRATION
To register and become a "member" of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving VitalCare Medical Spa's Services under the laws and statutes of the United States or other applicable jurisdiction.
When you register, VitalCare Medical Spa may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with VitalCare Medical Spa and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
b) maintainandpromptlyupdateyourregistrationandprofileinformationinanefforttomaintainaccuracyand
completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Vitalcare Medical Spa LLC will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Vitalcare Medical Spa LLC Services, or any portion thereof.
It is Vitalcare Medical Spa LLC's priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the VitalCare Medical Spa website platform Services must create a "family" account, which will certify that the individual creating the "family" account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the "family" account. As the creator of the "family" account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent's and/or legal guardian's responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
PRIVACY POLICY
Every member's registration data and various other personal information are strictly protected by theVitalcare Medical Spa LLC Online Privacy Policy (see the full Privacy Policy at www.vitalcaremedspa.com/policies). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Vitalcare Medical Spa LLC and/or our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify Vitalcare Medical Spa LLC immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Vitalcare Medical Spa LLC shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the VitalCare Medical Spa Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by VitalCare Medical Spa.
Furthermore, you herein agree not to make use of Vitalcare Medical Spa LLC's Services for the purpose of:
a)
b) c)
d) e) f)
uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
causingharmtominorsinanymannerwhatsoever;
impersonating any individual or entity, including, but not limited to, any VitalCare Medical Spa officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
forgingcaptions,headingsortitlesorotherwiseofferinganycontentthatyoupersonallyhavenorighttopursuantto any law nor having any contractual or fiduciary relationship with;
uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collectingorstoringofanypersonaldatarelatingtoanyothermemberoruserinconnectionwiththeprohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
Vitalcare Medical Spa LLC herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.
Vitalcare Medical Spa LLC herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) b) c) d) e)
compliance with any legal process;
enforcementoftheTOS;
responding to any claim that therein contained content is in violation of the rights of any third party; respondingtorequestsforcustomerservice;or
protecting the rights, property or the personal safety of Vitalcare Medical Spa LLC, its visitors, users and members, including the general public.
Vitalcare Medical Spa LLC herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Vitalcare Medical Spa LLC or any other content providers supplying content services to Vitalcare Medical Spa LLC. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States
(http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a)b) c) d)
are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
agreenottotransferanysoftware,technologyoranyothertechnicaldatathroughtheuseofournetworkServicesto any export-prohibited country;
agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
agreenottopost,transfernoruploadanysoftware,technologyoranyothertechnicaldatawhichwouldbeinviolation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Vitalcare Medical Spa LLC shall not lay claim to ownership of any content submitted by any visito,r member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Vitalcare Medical Spa LLC the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a)Shades of Blak Studios
b)Revitalize Massage and Body Works
The content submitted or made available for inclusion on the publicly accessible areas of Vitalcare Medical Spa LLC's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Vitalcare Medical Spa LLC's sites, and shall terminate at such time when you elect to discontinue your membership.
Photos,audio,videoand/orgraphicssubmittedormadeavailableforinclusiononthepubliclyaccessibleareasof Vitalcare Medical Spa LLC's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Vitalcare Medical Spa LLC's sites and shall terminate at such time when you elect to discontinue your membership.
For any other content submitted or made available for inclusion on the publicly accessible areas of Vitalcare Medical Spa LLC's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of Vitalcare Medical Spa LLC's sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members.
CONTRIBUTIONS TO COMPANY WEBSITE
Vitalcare Medical Spa LLC provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
a) b)
c) d)
your contributions do not contain any type of confidential or proprietary information;
VitalCareMedicalSpashallnotbeliableorunderanyobligationtoensureormaintainconfidentiality,expressedor implied, related to any Contributions;
VitalCare Medical Spa shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
thecontributor'sContributionsshallautomaticallybecomethesolepropertyofVitalCareMedicalSpa;and
e) VitalCare Medical Spa is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold Vitalcare Medical Spa LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of VitalCare Medical Spa Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to VitalCare Medical Spa's sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Vitalcare Medical Spa LLC may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by Vitalcare Medical Spa LLC, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on Vitalcare Medical Spa LLC's servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that Vitalcare Medical Spa LLC has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Vitalcare Medical Spa LLC shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
MODIFICATIONS
Vitalcare Medical Spa LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
TERMINATION
As a member of VitalCaremedspa.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to info@vitalcaremedspa.com.
As a member, you agree that Vitalcare Medical Spa LLC may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) b) c) d) e) f) g)
any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline; bywayofrequestsfromlawenforcementoranyothergovernmentalagencies;
the discontinuance, alteration and/or material modification to our Services, or any part thereof; unexpectedtechnicalorsecurityissuesand/orproblems;
any extended periods of inactivity;
any engagement by you in any fraudulent or illegal activities; and/or
the nonpayment of any associated fees that may be owed by you in connection with your VitalCaremedspa.com
a) b)
c)
the removal of any access to all or part of the Services offered within VitalCaremedspa.com;
the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
the barring of any further use of all or part of our Services.
account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with VitalCaremedspa.com shall include any and/or all of the following:
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Vitalcare Medical Spa LLC shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either Vitalcare Medical Spa LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Vitalcare Medical Spa LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Vitalcare Medical Spa LLC's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Vitalcare Medical Spa LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Vitalcare Medical Spa LLC Services (e.g. Content or Software), in whole or part.
Vitalcare Medical Spa LLC herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Vitalcare Medical Spa LLC for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF VITALCARE MEDICAL SPA LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. VITALCARE MEDICAL SPA LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
VITALCAREMEDICALSPALLCANDOURSUBSIDIARIES,OFFICERS,EMPLOYEES,AGENTS,PARTNERSAND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) VITALCARE MEDICAL SPA LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) VITALCARE MEDICAL SPA LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE VITALCARE MEDICAL SPA LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF VITALCARE MEDICAL SPA LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
NOADVICEAND/ORINFORMATION,DESPITEWHETHERWRITTENORORAL,THATMAYBEOBTAINEDBY YOU FROM VITALCARE MEDICAL SPA LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT VITALCARE MEDICAL SPA LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) b) c) d) e)
THE USE OR INABILITY TO USE OUR SERVICE; THECOSTOFPROCURINGSUBSTITUTEGOODSANDSERVICES;
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; STATEMENTSORCONDUCTOFANYSUCHTHIRDPARTYONOURSERVICE;
AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Vitalcare Medical Spa LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information
from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate. Vitalcare Medical Spa LLC's content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. Vitalcare Medical Spa LLC and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third- party beneficiaries to this agreement.
NOTICE
Vitalcare Medical Spa LLC may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Vitalcare Medical Spa LLC trademarks, copyright, trade name, service marks, and other Vitalcare Medical Spa LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Vitalcare Medical Spa LLC. You herein agree not to display and/or use in any manner the Vitalcare Medical Spa LLC logo or marks without obtaining Vitalcare Medical Spa LLC's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Vitalcare Medical Spa LLC will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Vitalcare Medical Spa LLC may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
Adescriptionofthecopyrightedworkorotherintellectualpropertythatyoubelievehasbeeninfringedupon;
A description of the location of the site which you allege has been infringing upon your work;
Yourphysicaladdress,telephonenumber,andemailaddress;
A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The Vitalcare Medical Spa LLC Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address:
Vitalcare Medical Spa LLC Attn: Copyright Agent 8317 Gunn Hwy
Tampa, Florida 33626
Telephone: 813-326-2724
Email: info@vitalcaremedspa.com
CLOSED CAPTIONING
BE IT KNOWN, that Vitalcare Medical Spa LLC complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at VitalCaremedspa.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Vitalcare Medical Spa LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Vitalcare Medical Spa LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Vitalcare Medical Spa LLC Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Vitalcare Medical Spa LLC with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Florida without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Vitalcare Medical Spa LLC, shall be filed within the courts having jurisdiction within the County of Hillsborough, Florida or the U.S. District Court located in said state. You and Vitalcare Medical Spa LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Vitalcare Medical Spa LLC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 3 year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Vitalcare Medical Spa LLC as follows:
Mailing Address:
Vitalcare Medical Spa LLC 8317 Gunn Hwy
Tampa, Florida 33626
Telephone: 813-326-2724
Email: info@vitalcaremedspa.com
ONLINE PRIVACY POLICY AGREEMENT
July 18, 2023
VitalCare Medical Spa LLC ( VitalCare) values its users' privacy. This Privacy Policy ("Policy") will help you understand how we collect and use personal information from those who visit our website or make use of our online facilities and services, and what we will and will not do with the information we collect. Our Policy has been designed and created to assure those affiliated with VitalCare Medical Spa LLC of our commitment and realization of our obligation not only to meet, but to exceed, most existing privacy standards.
We reserve the right to make changes to this Policy at any given time. If you have not registered with us and want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If you are a registered user, we will notify you via email of any changes or updates made to this Policy. If at any point in time VitalCare Medical Spa LLC decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether to permit the use of their information in this separate manner.
This Policy applies to VitalCare Medical Spa LLC and any subsidiary company listed below, and it governs any and all data collection and usage by us. Through the use of VitalCaremedspa.com and any subsidiary website listed below, you are therefore consenting to the data collection procedures expressed in this Policy.
Subsidiary Company: Subsidiary Website:
Shades Of Blak Studios LLC www.shadesofblak.com
Revitalize And Bodyworks LLC https://RevitalizaMassageTampa.com
Please note that this Policy does not govern the collection and use of information by companies that VitalCare Medical Spa LLC does not control, nor by individuals not employed or managed by us. If you visit a website that we mention or link to, be sure to review its privacy policy before providing the site with information. It is highly recommended and suggested that you review the privacy policies and conditions of any website you choose to use or frequent to better understand the way in which websites garner, make use of and share the information collected.
Specifically, this Policy will inform you of the following
Information We Collect
It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. This website collects various types of information, such as:
● Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc. which may be used when you purchase products and/or services and to deliver the services you have requested.
● Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs.
In addition, VitalCare Medical Spa LLC may have the occasion to collect non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist us in providing and maintaining superior quality service.
VitalCare Medical Spa LLC may also deem it necessary, from time to time, to follow websites that our users may frequent to gleam what types of services and products may be the most popular to customers or the general public.
Please rest assured that this site will only collect personal information that you knowingly and willingly provide to us by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested, and any additional uses specifically provided for in this Policy.
Why We Collect Information and For How Long
We are collecting your data for several reasons:
Disclosure of Information
VitalCare Medical Spa LLC may not use or disclose the information provided by you except under the following circumstances:
● to outside auditors who have agreed to keep the information confidential;
● as necessary to enforce the Terms of Service on our website;
● as necessary to maintain, safeguard and preserve all the rights and property of VitalCare Medical Spa LLC.
Non-Marketing Purposes
VitalCare Medical Spa LLCgreatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in VitalCare Medical Spa LLC products and services, or changes to this Policy). In certain circumstances, we may use our website, newspapers, or other public means to post a notice.
Children under the age of 13
VitalCare Medical Spa LLC's website is not directed to, and does not knowingly collect personal identifiable information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system's database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.
Unsubscribe or Opt-Out
All users and visitors to our website have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our website please send an email that you wish to unsubscribe to info@shadesofblak.com. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe or opt-out. VitalCare Medical Spa LLC will continue to adhere to this Policy with respect to any personal information previously collected.
Links to Other Websites
Our website does contain links to affiliate and other websites. VitalCare Medical Spa LLC does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of every website that collects personally identifiable information. This Policy applies only and solely to the information collected by our website.
Notice to European Union Users
VitalCare Medical Spa LLC's operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and use as described in this Policy.
Your Rights as a Data Subject
Under the regulations of the General Data Protection Regulation ("GDPR") of the EU you have certain rights as a Data Subject. These rights are as follows:
● The right to be informed: this means we must inform you of how we intend to use your personal data and we do this through the terms of this Policy.
● The right of access: this means you have the right to request access to the data we hold about you and we must respond to those requests within one month. You can do this by sending an email to info@vitalcaremedspa.com.
The right to rectification: this means that if you believe some of thedata we hold is incorrect, you have the right to have it corrected. You can do this by logging into your account with us, or by sending us an email with your request. You can do this by sending an email to info@vitalcaremedspa.com.
The right to erasure: this means you can request that the information we hold about you be deleted, and we will comply unless we have a compelling reason not to, in which case you will be informed of the reason. You can do this by sending an email to info@vitalcaremedspa.com.
The right to restrict processing: this means you can change your communication preferences or opt-out of certain communications. You can do this by sending an email to info@shadesofblak.com.
The right of data portability: this means you can obtain and use the data we hold for your own purposes without explanation. If you wish to request a copy of your information, contact us at info@vitalcaremedspa.com.
The right to object: this means you can file a formal objection with us regarding our use of your information with regard to third parties, or its processing where our legal basis is our legitimate interest in it. To do this, please send an email to info@vitalcaremedspa.com.
In addition to the rights above, please rest assured that we will always aim to encrypt and anonymize your personal information whenever possible. We also have protocols in place in the unlikely event that we suffer a data breach and we will contact you if your personal information is ever at risk. For more details regarding our security protections see the section below or visit our website at VitalCaremedspa.com.
Security
VitalCare Medical Spa LLC takes precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (e.g. credit card information), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the webpage.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure or modification of the user's personal information under our control.
The Company also uses Secure Socket Layer (SSL) for authentication and private communications to build users' trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information.
Acceptance of Terms
By using this website, you are hereby accepting the terms and conditions stipulated within this Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website following proper notification or the posting of any updates or changes to our terms and conditions, shall mean that you agree and accept such changes.
How to Contact Us
If you have any questions or concerns regarding this Privacy Policy as it relates to our website, please feel free to contact us at the following email, telephone number or mailing address:
Email: info@vitalcaremedspa.com Telephone Number: 8133262724
Mailing Address:
VitalCare Medical Spa LLC
8317 Gunn Hwy Tampa, Florida 33626
The data controller responsible for your personal information for the purposes of
GDPR compliance is: Jhonnathan Camacho info@vitalcaremedspa.com 813-326-2724
GDPR Disclosure:
If you answered "yes" to the question Does your website comply with the General Data Protection Regulation ("GDPR")? then the Privacy Policy above includes language that is meant to account for such compliance. Nevertheless, in order to be fully compliant with GDPR regulations your company must fulfill other requirements such as: (i) doing an assessment of data processing activities to improve security; (ii) have a data processing agreement with any third party vendors; (iii) appoint a data protection officer for the company to monitor GDPR compliance; (iv) designate a representative based in the EU under certain circumstances; and (v) have a protocol in place to handle a potential data breach. For more details on how to make sure your company is fully compliant with GDPR, please visit the official website at https://gdpr.eu. FormSwift and its subsidiaries are in no way responsible for determining whether or not your company is in fact compliant with GDPR and takes no responsibility for the use you make of this Privacy Policy or for any potential liability your company may face in relation to any GDPR compliance issues.
COPPA Compliance Disclosure:
This Privacy Policy presumes that your website is not directed at children under the age of 13 and does not knowingly collect personal identifiable
information from them or allow others to do the same through your site. If this is not true for your website or online service and you do collect such
information (or allow others to do so), please be aware that you must be compliant with all COPPA regulations and guidelines in order to avoid violations
which could lead to law enforcement actions, including civil penalties.
In order to be fully compliant with COPPA your website or online service must fulfill other requirements such as: (i) posting a privacy policy which describes
not only your practices, but also the practices of any others collecting personal information on your site or service — for example, plug-ins or ad networks;
(ii) include a prominent link to your privacy policy anywhere you collect personal information from children; (iii) include a description of parental rights (e.g.
that you won't require a child to disclose more information than is reasonably necessary, that they can review their child's personal information, direct you
to delete it, and refuse to allow any further collection or use of the child's information, and the procedures to exercise their rights); (iv) give parents "direct
or disclosing personal information from a child. For more information on the definition of these terms and how to make sure your website or online service
is fully compliant with COPPA please visit https://www.ftc.gov/tips-advice/business-center/guidance/childrens-online-privacy-protection-rule-six-step-
compliance. FormSwift and its subsidiaries are in no way responsible for determining whether or not your company is in fact compliant with COPPA and
takes no responsibility for the use you make of this Privacy Policy or for any potential liability your company may face in relation to any COPPA compliance
notice" of your information practices before collecting information from their children; and (v) obtain the parents' "verifiable consent" before collecting, using
issues.
California Consumer Privacy Act ("CCPA") Compliance Disclosure : The CCPA is a collection of privacy laws enacted by the California legislature which is meant to protect Californians' personal data from being sold or used without their consent. The requirements of the CCPA apply to, among others, businesses that (i) have a gross annual revenue of at least $25 million dollars; or (ii) buys, receives, or sells personal information of 50,000 or more Californian consumers, households or devices; or (iii) derives 50% or more of its revenue from the sale of personal information. If your business meets these requirements or is otherwise based out of California, you must comply with the requirements of the CCPA or risk facing fines, sanctions and civil penalties. For more information about CCPA and its requirements please visit https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml? bill_id=201720180AB375. Please note that t
he CCPA is scheduled to be updated by January 2023 with new requirements and definitions so please be sure
to check those regulations periodically to make sure your Privacy Policy is up to date. FormSwift and its subsidiaries are in no way responsible for
determining whether or not your company is in fact compliant with the CCPA or any other privacy regulations, and takes no responsibility for the use you
make of this Privacy Policy or for any potential liability your company may face in relation to any compliance issues.
FDA Required Disclaimer For Sites That Do Not Endorse Chemotherapy: This web site is for educational purposes only. It is not intended as a substitute for the diagnosis, treatment and advice of a qualified licensed professional. This site offers people health information and informs them about some of their options, but in no way should anyone consider that this site represents the “practice of medicine.” This site assumes no responsibility for how this material is used. Also note that this website frequently updates its contents, due to a variety of reasons, therefore. The statements regarding alternative treatments for cancer have not been evaluated by the FDA
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