Terms of Use Agreement

NOTICE. The Vital Communications, Inc., site (the “website”) is made up of various Web pages and is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (the “Terms and Conditions”). Your use of the website constitutes your agreement to all such Terms and Conditions.

MODIFICATION OF THESE TERMS OF USE. Vital Communications, Inc., reserves the right to change these Terms and Conditions without notice. You are responsible for regularly reviewing these Terms and Conditions. Your continued use of the website constitutes your agreement to all such Terms and Conditions.

PERSONAL AND NON-COMMERCIAL USE LIMITATION. Unless otherwise specified, the website is for your personal and non-commercial use. You may not modify, copy, distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, retransmit, or sell any information, software, products or services obtained from the website. You may not use any computerized or automatic mechanism to access, extract and/or download any information from the website with the exception of specific press kit documents and/or jpegs as noted on the Press Kit webpage. This downloaded information is for the specific use of contracted clients for promotion of upcoming events featuring Paul Vitale as a speaker, trainer and/or facilitator.

LINKS TO THIRD PARTY SITES. The website may contain links to the websites controlled or offered by third parties. Vital Communications, Inc., disclaims liability for any information, materials, products or services posted or offered at any of the third party sites linked from the website. By creating a link to a third party website Vital Communications, Inc., does not endorse or recommend any products or services offered or information contained at such linked website, nor is Vital Communications, Inc., liable for any failure of any products or services offered or advertised at such linked website.

NO UNLAWFUL OR PROHIBITED USE. As a condition for your use of the website, you agree that you will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions. The website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. You may not use the website in any manner which could damage, disable, overburden or impair the website, the networks connected to the website, or interfere with any other party’s use and enjoyment of the website. You may not attempt to gain unauthorized access to the website, other accounts, computer systems or networks connected to the website by any means, including without limitation, hacking or password mining. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

MATERIALS PROVIDED. Vital Communications, Inc., does not claim ownership of any materials you provide to Vital Communications, Inc., (including feedback and suggestions) or post, upload, input, provide or submit to the website for review by members of the general public, or by members of any public or private group (each a “Submission”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Vital Communications, Inc., and its agents permission to use your Submission in connection with Vital Communications, Inc., operation of the website and its other businesses, including without limitation, the right to copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat your Submission, and to publish your name in connection with your Submission, all without the payment of compensation to you in respect of any such use of your Submission. You warrant and represent that you own, or otherwise control, all of the rights to your Submission, including without limitation, the rights necessary for you to post, upload, input, provide or submit your Submission.

NO RIGHT TO REDISTRIBUTE WEBSITE MATERIALS. You agree that you will not redistribute, copy, amend, or commercially exploit any materials found on the website without Vital Communications, Inc.’s express written permission, which permission may be withheld at Vital Communications, Inc.’s sole discretion.

PRODUCTS. For your convenience, Vital Communications, Inc., may make available on the website products and other tools for purchase, use and/or download (the “Products“). Vital Communications, Inc. does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such Products. The Products are copyrighted works of Vital Communications, Inc., and/or its suppliers, and are protected by copyright law and international treaty provisions. If a Product is accompanied by an end user license agreement, your use of that Product is governed by the terms of such end user license agreement, and you must agree to the terms and conditions of such end user license agreement in order to use such Product. If a Product is not accompanied by a license agreement, Vital Communications, Inc. hereby grants to you a revocable, personal, non-transferable license to use such Product in accordance with these Terms of Use and for no other purpose. Without limiting the foregoing, any reproduction, redistribution, reverse engineering or decompilation of the website or the Products is expressly prohibited by law, unless such action is expressly permitted by the accompanying license agreement, and may result in severe civil and criminal penalties. You agree not to redistribute the Products, nor to export or re-export the Products, directly or indirectly, to any countries that are subject to USA export restrictions. You may not use the Products to defame, abuse, harass, threaten or otherwise violate the legal rights of others. You may not use the Products in association with the sale of any service or product which is discriminatory, obscene, defamatory, indecent or unlawful, or which in the reasonable opinion of Vital Communications, Inc., would reflect negatively upon the reputation of Vital Communications, Inc., the website or the Products.

LIABILITY DISCLAIMER. THE TOOLS, WEBSITE AND ANY CONTENT OR SOFTWARE CONTAINED THEREIN OR ACCESSIBLE THEREFROM, ARE PROVIDED “AS IS”. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, VITAL COMMUNICATIONS, INC. MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND REGARDING: (A) THE UP-TO-DATENESS, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION CONTAINED WITHIN OR AVAILABLE THROUGH THE USE OF THE TOOLS OR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY CURRENCY EXCHANGE RATES; (B) THE RESULTS OBTAINED FROM THE USE OF THE TOOLS OR WEBSITE; AND (C) ANY INFORMATION PROVIDED BY THIRD PARTIES AND ACCESSIBLE ON OR THROUGH THE USE OF THE TOOLS OR WEBSITE. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, VITAL COMMUNICATIONS, INC.: (A) DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (B) DOES NOT WARRANT THAT THE TOOLS OR WEBSITE OR ANY CONTENT THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

THE USE OF THE PRODUCTS AND WEBSITE IS AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS YOU MAY SUFFER AS A RESULT OF USING, OR ACCESSING THE PRODUCTS OR WEBSITE, OR DOWNLOADING ANY CONTENT THEREON. EXCEPT TO THE EXTENT THAT LIABILITY UNDER ANY APPLICABLE LAW OR REGULATION CANNOT BE EXCLUDED: (A) VITAL COMMUNICATIONS, INC. IS NOT LIABLE FOR LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF INFORMATION OR PRICES PUBLISHED ON OR FURNISHED THROUGH THE PRODUCTS OR WEBSITE, OR ANY ERRORS OR OMISSIONS OF THE PRODUCTS OR WEBSITE; (B) VITAL COMMUNICATIONS, INC. SHALL HAVE NO LIABILITY ARISING FROM INFORMATION PUBLISHED ON OR FURNISHED THROUGH THE PRODUCTS OR WEBSITE; AND (C) UNDER NO CIRCUMSTANCES SHALL VITAL COMMUNICATIONS, INC. OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, SUPPLIERS OR DISTRIBUTORS BE LIABLE UNDER THIS AGREEMENT TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES OR ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY), THAT ARE DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO THE USE OF, OR THE INABILITY TO USE, THE PRODUCTS, WEBSITE, OR ANY CONTENT CONTAINED THEREON, EVEN IF VITAL COMMUNICATIONS, INC. HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. IF YOU ARE DISSATISFIED WITH ANY PRODUCTS, OR ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PRODUCTS AND WEBSITE.

INDEMNITY. You agree to indemnify and hold Vital Communications, Inc., its parent, subsidiaries, affiliates, directors, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party or arising out of your use of, or conduct on, the website.

COPYRIGHT. The website and Tools are protected by copyright law and international treaty provisions and may not be copied or imitated in whole or in part. No logo, trademark, graphic or image from the website may be copied or retransmitted without the express written permission of Vital Communications, Inc.

GENERAL. Your use of the website shall be governed by all applicable Federal laws of the United States of America and the laws of the State of Arkansas. Certain sections or pages of the website may contain separate terms or conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. Your agree that your use of the website will not create any joint venture, partnership, employment or agency relationship between you and Vital Communications, Inc. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.