Terms of Service

Site Terms of Service, a Legally Binding Agreement.
On September 13, 2020,

These Terms of Service and our privacy policy (collectively the “Terms”) govern all use of https://vibranthealthaccess.com and the services available on that site (collectively the “Site” or “Services”). Francis A. Otaru, an individual, owns the Site.

In these Terms, the Site’s owners and contributors will be referred to as “we,” “us,” or “our.” You are considered a “user” for the purposes of the Terms if you use the Site or its Services and/or click anywhere on this Site to agree to these Terms. These Terms apply to you and any other user (“you” or “User” as appropriate). By using the Services, you and each user agree to the Terms. If a User does not agree to the Terms or the Privacy Policy, he or she may not use the Site or the Services. The term “Site” in these Terms refers to the site mentioned above, as well as its owner(s), contributors, suppliers, licensors, and other related parties.

Illegal Uses Are Prohibited For Users

The User shall not use, and shall not permit any other person to use, the Site or Services in any way that violates a federal, state, or local law, regulation, or ordinance, or for any disruptive, tortious, or illegal purpose, including but not limited to harassment, slander, defamation, data theft or inappropriate dissemination, or improper surveillance of any person.

The user represents and warrants:

Disclaimer of Warranties

THE SITE PROVIDES THE SERVICES “AS IS,” WITH ALL FAULTS, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE SITE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES, OR THAT ANY DATA WILL BE TRANSMITTED IN A TIMELY, UNINTERRUPTED, INTERFERENCE-FREE, OR SECURE MANNER. THE SITE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, COMMON LAW, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,

Liability Is Limited

THE SITE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF WHETHER WE HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) OR EXPOSURE TO THIRD-PARTY CLAIMS AS A RESULT OF ANY ACT OR OMISSION. THE SITE SHALL NOT BE LIABLE FOR ANY ACTION OR OMISSION OF ANY THIRD PARTY INVOLVED IN THE SERVICES, SITE OFFERS, OR ANY ACTION BY SITE USERS. THE SITE IS NOT LIABLE FOR ANY DAMAGES INCURRED AS A RESULT OF ANY SERVICE PROVIDED BY, OR PRODUCT OR DEVICE MANUFACTURED BY THIRD PARTIES.

EVEN IF THE USER SUFFERS DAMAGES FOR ANY REASON, THE SITE’S ENTIRE LIABILITY IN CONNECTION WITH THE SITE OR SERVICES, AND ANY PARTY’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY THE USER TO THE SITE OWNER DURING THE 12 MONTHS PRIOR TO THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.

The Site will not be liable for any damages caused as a result of any loss, disclosure, or third-party use of information, whether made with or without the User’s knowledge or consent. The Site shall have no liability for any damages resulting from the following: User’s actions or failures to act, the acts or omissions of any third party, including but not limited to any telecommunications service provider, or events or causes beyond the Site’s reasonable control. The Site has no responsibilities to any third party who is not a User governed by these Terms and shall have no liability to such third party. The limitations, exclusions, and disclaimers in these Terms shall apply to the greatest extent permissible by applicable law, even if any remedy fails to achieve its fundamental purpose.

Products, links, and activities provided by third parties

Third-party items or services may be included or offered on the Site. Other users or members of the Site may interact with one another through the Site, elsewhere online, or in person. These third-party products, as well as any linked sites, have their own terms of service and privacy policies. We have no control or responsibility for the content and activities of these linked sites, sellers, and third parties in general, whether or not you were introduced to or interacted with such businesses, services, products, and people through the Site, and you agree that we are not liable for any of them. However, we appreciate any criticism on these sites, merchants, other users or members, and third parties.

Updates to the Site and Services

The Site’s owners and contributors will seek to improve the Site for our users while also furthering our business interests in the Site. We have the right to add, update, or remove features, material, and data, as well as to add or change pricing terms. You acknowledge that we are not responsible for any such modifications. Neither your use of the Site nor these terms grants you any right, title, or legally protectable interest in the Site or its content.

Indemnity

If your activity, or any activity on your behalf, creates potential or actual liability for us or any of our users, partners, or contributors, you agree to indemnify and hold us and any such user, partner, contributor, or any agent harmless from and against all claims, costs of defense and judgment, liabilities, legal fees, damages, losses, and other expenses arising from or relating to your use of the Site, or any breach by you.

Intellectual Property (I.P.)

This website, as well as several of our product delivery methods, are developed on the WordPress platform. See http://wordpress.org/about/gpl/ for further information on intellectual property rights, including the General Public License (“GPL”) terms under which the WordPress software is licensed.

Under these Terms, the Site offers User a revocable, non-transferable, and non-exclusive license to use the Site exclusively in connection with the Site and the Services.

The Site or its licensors own the copyright to all information and works of authorship included on the Site. Except for links to the Site, correctly acknowledged social media references, and minimus text extracts with links back to the Site, no text, photos, video or audio recording, or other content from the Site may be duplicated without the explicit and precise written consent of the Site’s owner. The User agrees not to sublicense or otherwise transfer any rights or access to the Site or related Services to any third party.

The Site’s names and logos, as well as all other trademarks, service marks, and trade names used in connection with the Services, are owned by the Site or its licensors and may not be used by User without the prior permission of the rights owners. The use of the Site does not provide any user any license, authorization, or permission, unless and only to the extent expressly granted in these Terms.

The Site reserves all rights not expressly granted in these Terms.

Privacy

Any information you supply to the Site is governed by the Site’s Privacy Policy, which regulates the collection and use of User information. User understands that by using the Site and its Services, he or she consents to the collection and use of information (as defined in the Privacy Policy), including the transfer of this information to the United States and/or other countries for storage, processing, and use by the Site. Certain communications, such as service notices and administrative messages, may be sent to some or all Users by the Site. These communications are considered part of the Services and a User’s account with the Site, and Users cannot opt-out of them all.

Profiles, Usernames, and Passwords

Users must supply a valid email address to the Site if required, from which they can receive messages. If the user’s email address changes, he or she must also update the Site. If a valid email address is requested but not provided by the User, the Site retains the right to terminate any User account and/or User access to the Site.

If the Site prompts or allows a User to create a username or profile, the User agrees not to choose a username or give any profile information that would impersonate someone else or be likely to confuse any other person or entity. The Site reserves the right, at any time, to cancel a User account or change a User’s username or profile data. Similarly, if the Site accepts comments or user input, or asks or allows a User to create an avatar or upload a picture, the User undertakes not to use any image that impersonates another person or entity or is otherwise likely to cause misunderstanding.

You are responsible for safeguarding your Site username and password, and you agree not to reveal them to any other person. We recommend that you create a password that is at least eight characters long. You are liable for every activity on your account, whether you authorized it or not. You agree to notify us of any unauthorized use of your account by sending an email to afo@vibranthealthaccess.com. You accept that it is your obligation to use a secure encrypted connection, virtual private network, or other necessary steps to protect your interactions with the Site. The Site’s own security measures are reasonable in terms of their level of protection, but they are useless if your or any other User’s interactions with the Site are not safe or private.

Disputes

We are situated in Sydney, Australia, and you are entering into a contract to use our Site. These Terms, as well as all matters arising from your use of the Site, are governed and construed in accordance with the laws of Sydney, Australia, without regard to any choice of laws rules of any jurisdiction. The federal and state courts with geographical jurisdiction over disputes emerging at our Abuja, Nigeria office location will be the only permitted venues for any and all disputes arising out of or in connection with these Terms or the Site and Service.

ARBITRATION

Regardless of anything in the “Disputes” provisions above, all matters, and all arbitrable claims within a multi-claim matter, including all claims for monetary damages, shall be decided by a single arbitrator to be selected by us, who shall hold hearings in or near Abuja, Nigeria, under the rules of the American Arbitration Association.

Advertising

The Site may contain advertising that is relevant to the Site, inquiries made, or other information to improve relevance to the Site’s users. The kind and scope of advertising on the Site will evolve over time. In exchange for access to and use of the Site, the User accepts that the Site and its third-party providers and partners may post advertisements anywhere on the Site. See our Privacy Policy for the other terms that will apply to our advertising operations, including the use of your information.

General

All oral or written discussions and understandings between the User and the Site are superseded by these Terms, including the incorporated Privacy Policy.

Any claim or cause of action User may have to pertain to the Site or the Services must be brought within one (1) year of the occurrence of the claim or cause of action.

In any disagreement relating to the Terms, the Site, or the Services, both parties forgo the right to a jury trial.

If a court of competent jurisdiction rules that any portion of the Terms is unenforceable, the Terms will be enforced to the greatest degree possible to give effect to the Terms’ intent, and the remainder of the Terms will remain in full force and effect.

User may not assign or subcontract any of his or her rights or responsibilities under these Terms or in any other way connected to the Site or its Services.

Except for the Site’s affiliates, suppliers, and licensors, or as required by law, there shall be no third-party beneficiaries under these Terms.

Use of the Site and its Services is prohibited in any jurisdiction that does not give effect to the terms of these Terms, including this paragraph.

The Site’s omission to exert or enforce any right or provision of these Terms shall not be construed as a waiver of such right or provision.

Terms and Conditions Contact

If you have any questions or concerns regarding these Terms, please contact afo@vibranthealthaccess.com.