Terms of Use
Effective Date: April 25, 2023
PLEASE READ THESE TERMS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE.
Website License and Access
As a user of this NowVitals Website (“Website”), you are granted a single user, non-exclusive, non-transferrable, revocable, limited license to access and use this Website and its content in accordance with these Terms of Use. NowVitals may terminate this license at any time where it considers its copyright or intellectual property rights have been or may be infringed accidentally or otherwise or that the scope of usage is or is intended to be outside the permitted Terms of Use.
Your Conduct
The content on this Website is for your personal use only within the organization or entity to which you are attached, as applicable, and it is not intended for commercial exploitation unless expressly agreed in writing by NowVitals. NowVitals authorizes you to download or reproduce selected materials at this Website only for your personal, non-commercial use, in the ordinary course of business provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials and that NowVitals name is stated as the source. You may not otherwise modify, disassemble, create derivative works, distribute, reproduce, publicly display, perform, transmit, re-transmit, sell, rent, sublicense, or otherwise use any content on this Website. If you breach any of these Terms of Use, your authorization to use this Website automatically terminates and you must immediately destroy any downloaded or printed materials.
Third Party Content and Links
NowVitals will take all reasonable steps to ensure the accuracy of the contents of this Website. NowVitals warrants that it has taken all reasonable steps to ensure such content is free of intellectual property infringement insofar that this is practical. In addition, this Website may provide links to other Internet sites or resources (“third party links”). NowVitals is providing these third party links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by NowVitals of those sites. Because NowVitals has no control over such external resources and sites, you acknowledge and agree that NowVitals is not responsible for the availability of such external resources and sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such external resources and sites. NowVitals may terminate the availability of such external resources and sites through links on this Website at any time.
Intellectual Property Rights
The contents of the data and information made available on this Website including but not limited to text, data, graphics, taglines, the NowVitals logo, taglines and icons, are copyrighted and/or licensed materials owned or licensed by NowVitals.
“NowVitals Trademarks” means all names, marks, brands, taglines, URL names or addresses, logos, designs, trade dress and other designations NowVitals uses in connection with its products or services. You are not permitted to incorporate any NowVitals Trademarks into any other trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations.
Disclaimer of Warranties
NowVitals makes no warranty, express or implied, concerning this Website or its contents and disclaims all warranties, including but not limited to, warranties of fitness for a particular purpose and warranties of merchantability. NowVitals further makes no warranty that this Website or any websites linked thereto will be error free, free of viruses or other harmful components, or that any defects will be corrected. NowVitals does not warrant that access to this Website or linked third party websites will be available at all times, but it will take all reasonable steps to rectify fault(s) as soon as reasonably practicable.
Limitation of Liability
To the extent not prohibited by applicable law, NowVitals is not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data, or other economic advantage (even if NowVitals has been advised of the possibility of such damages), however caused and regardless of the theory of liability, arising out of or related to the use of this Website. Any material downloaded or otherwise obtained through the use of this Website is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree to hold NowVitals harmless from, and you covenant not to sue NowVitals for, any claims based on using the Website.
Governing Law
These Terms of Use will be interpreted under and governed by the laws of the State of Colorado without recourse to choice of law statutes or principles that would otherwise result in the application of the law of any other jurisdiction to these Terms of Use.
GDPR COMPLIANCE REGARDING DATA RETENTION AND ACCOUNT TERMINATION
By signing up, you agree to our terms, and you have read our privacy policy. You may receive email and/or text updates from NowVitals, and you can opt out at any time. Msg & Data rates may apply. For texts, reply STOP to end or HELP for help. For emails, click UNSUBSCRIBE at the bottom of your email to be removed from our mailing list. You can also opt out or unsubscribe from NowVitals' mailings and texts by contacting [email protected].
