of using this Website
Welcome to www.vitalchecklist.com (the "Site"), owned and operated by Vital Checklist ("Vital Checklist," "us" or "we").
IF YOU DON'T AGREE TO THESE TERMS, PLEASE DON'T USE THE SITE.
Your use of the Site.You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of, participate in the transfer or sale of, publicly perform, or in any way exploit any of the information, software, text, images or other content of any type ("Site Content") or the User Content (as defined below), in whole or in part, outside of the specific usage rights granted to you by Vital Checklist as described in these Terms and Conditions and any applicable license that you have entered into with Vital Checklist. You may not to use the Site in any manner that interferes with Vital Checklist' normal operations or with the use and enjoyment of another user. You agree to use the Site and the services only for their intended lawful purpose and in accordance with applicable laws.
You may display and electronically copy or download and print one (1) hard copy of the Site Content contained on the Site for your own personal, non-commercial use provided that you do not modify or delete any copyright, trademark or other proprietary notice or disclaimers. Any Site Content that you download is owned by Vital Checklist and is provided to you by Vital Checklist under a license that is revocable. The Site Content shall be used for informational purposes only unless a separate license for use of the Site Content is entered into as between you and Vital Checklist.
You are responsible for maintaining the confidentiality of your Account Information, your account and password and for restricting access to your computer, and you agree to accept sole responsibility for all activities that occur under your account or password. You may notify Vital Checklist at firstname.lastname@example.org if you become aware of any unauthorized use of your account or password. Furthermore, you are strongly advised to maintain and protect your privacy by choosing carefully what personally identifiable information you include in User Content (as defined below). We may at some time utilize e‑mail to communicate with users about service-related matters; by becoming a Site Member you are consenting to the receipt of these communications.
Unless provided otherwise in a separate agreement between you and Vital Checklist, Vital Checklist reserves the right to suspend, cancel or discontinue the Site or any feature provided on the Site in whole or in part, or with respect to any individual user at any time without providing notice and without being liable to any user and Vital Checklist also specifically reserves the right to, in its sole discretion, place an upper limit on the number of transmissions that you can submit or receive through the Site or the amount of storage space that you may use.
Posting Content. Should the Site or any feature thereof allow posting of content by users, you shall be responsible for all content that you post on or transmit through the Site ("User Content"). You may not post or transmit any of the following: (a) copyrighted material and trademarks that are used without the express, written consent of the owner of such copyrighted material and/or trademark; (b) advertisements, promotions, solicitations or offers to sell any goods or services for any commercial purpose unless you have Vital Checklist' express, written consent; (c) material that, in the sole discretion of Vital Checklist, is pornographic, sexually explicit or obscene; (d) content that, in the sole discretion of Vital Checklist, exploits children and/or minors; (e) content that discloses or contains any personally identifiable information beyond a first name about any person who appears to be under the age of 18 or that includes private, confidential information; (f) content that Vital Checklist has reason to believe was posted for malicious or vindictive purposes, including libel, slander, defamation or harassment; (g) content that, in the sole discretion of Vital Checklist, may be deemed offensive to users of the Site, including, but not necessarily limited to, blatant expressions of bigotry, prejudice, racism, hatred or profanity; (h) content that promotes hate or may incite or threaten violence toward groups based on religion, race, ethnicity, gender, age, disability, or sexual orientation; (i) content promoting or providing instructional information about illegal or illicit activities; (j) content that transmits or contains viruses, corrupted files, etc. By registering as a member of the Site, you consent to having your User Content co-mingled with advertisements and other User Content that may appear on the Site.
Based on the very nature of User Content, Vital Checklist does not necessarily endorse, support, sanction, encourage, verify, or agree with the User Content posted on the Site. Any information or material placed on the Site are the views and responsibility of the Member or user who posts the statements and do not necessarily represent the views of Vital Checklist. You agree that Vital Checklist is not responsible for, and shall have no liability to you with respect to, any information or materials or User Content posted by others, including defamatory, offensive, deceptive or illicit material, even material that violates these Terms and Conditions.
ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, unless provided in a separate written agreement between you and Vital Checklist, Vital Checklist neither warrants nor represents that your use of any Site Content or User Content will not infringe the rights of any third parties nor that the Site Content or User Content will be accurate, complete, up-to-date or available for your use when desired. Additionally, with reference to any discussions, postings, news and the like that may be on the Site, Vital Checklist assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site.
If you are a user whose User Content has been disabled or removed from the Site, and you believe that your User Content is not infringing or if you have been authorized by the owner of the copyright, its agent or the law to post or transmit the content as User Content, you may send a counter-notice to Vital Checklist 2240 Millennium View Ct N.E. Grand Rapids MI-49525, including the information required for such notifications by the DMCA, including the following (or any other requirements provided in the DMCA at the time of such notification): (a) your physical or electronic signature; (b) identification of your User Content which has been removed or to which your access has been denied and the location at which the User Content appeared before it was removed or disabled; (c) a statement of your good faith belief that the User Content was removed or disabled as a result of mistake or misidentification of the User Content; (d) your name, address, telephone number and e-mail address; and (e) a statement that you will submit to the jurisdiction of the federal courts in the Western District of Michigan and will accept service of process from the person who provided notification to Vital Checklist of the allegedly infringing material.
If the designated contact person at Vital Checklist receives a counter-notice, it may send the counter-notice to the complaining party and inform the complaining party that the User Content will be restored or access to the User Content enabled within 10 business days. Vital Checklist shall have the sole discretion to replace the User Content or enable access to the User Content at any time after 10 business days from the time it provides such notice to the complaining party, unless the copyright owner files an action seeking a court order against the user who supplied the User Content.
Vital Checklist may end this legal agreement with you at any time if you violate the terms of the agreement, if Vital Checklist is required to do so by law, or if Vital Checklist determines, in its sole discretion, that it is no longer commercially viable to continue offering you access to the Site. Vital Checklist shall have the right to assign or transfer any rights or licenses granted by these Terms and Conditions. Upon termination of this agreement, Sections 6-10 and 12 of this agreement shall survive, as well as any other provision necessary to preserve the intent of the parties' agreement as herein expressed.
2240 Millennium View Ct
Grand Rapids MI-49525
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