Web Site Terms of Service
This website is owned and operated by iVita Financial, LLC (“iVita Financial”). The Web Site (the “Site”) is comprised of various Web pages operated by iVita Financial. This Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the iVita Financial Site constitutes your agreement to all such terms, conditions, and notices.
2. Site Content Use
You must be at least 18 years of age to use our Site. By using our Site or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
The Sites may be used only for your personal or information purposes of a non-commercial nature. Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit any Site or any content, information, software, products or services obtained from any Site without our prior written permission.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material on a Site, electronically copy, download onto your personal computer, mobile device or other technology used to access the Site, and print single hard copy portions of the material from a Site solely for your own internal, noncommercial, lawful use. If you make other use of a Site, except as otherwise provided in this section, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
You may not (a) decompile, disassemble or reverse engineer any Site or any portion thereof, or (b) attempt to gain unauthorized access to any Site, any portion thereof or any other computer systems or social media or mobile platforms through any Site. You agree that you will not use any Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through any Site.
Use of any of our Sites made available through a third-party social sharing platform such as Twitter or Facebook is also subject to the platform’s applicable terms and conditions.
3. Modifications of These Terms of Service
iVita Financial reserves the right to modify these Terms at any time without notice. By using this Site following any modification to the Terms, you are agreeing to be bound by the then current version of the Terms. If you object to any provision of these Terms or any subsequent modification of the Terms, your only recourse is to immediately terminate use of the Site. iVita Financial reserves the right to modify or terminate your access to the Site, or portions of the Site at any time, temporarily or permanently, with or without notice and is not obligated to support or update the Site.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS SITE, ARE PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. IVITA FINANCIAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED MERCHANTIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. IVITA FINANCIAL MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE BASIS, OR THAT THE CONTENT WILL BE UP TO DATE, COMPLETE, COMPREHENSIVE OR ACCURATE.
5. Limitation of Liability
IN NO EVENT SHALL IVITA FINANCIAL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, OR USE OF THIS SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF IVITA FINANCIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO, WITHOUT LIMITATION, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY AFFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, OR TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHURIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJUERE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless iVita Financial from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of any Site, your communication, placement or transmission of any message, content, information or other materials on or through any Site, your breach or violation of the law, any third party right or use of these Terms of Service, or any activity otherwise related to your use of any Site (including negligent or wrongful conduct), by you or any other person accessing a Site using an account registered to you.
7. Revisions and Errors
The materials appearing on iVita Financial’s Site could include technical, typographical, or photographic errors. iVita Financial does not warrant that any of the materials on its web site are accurate, complete, or current. iVita Financial may make changes to the materials contained on its web site at any time without notice. iVita Financial does not, however, make any commitment to update the materials.
8. Links to Third Party Websites
iVita Financial has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked sites. The inclusion of any link does not imply endorsement by iVita Financial of the Site. Use of any such linked web site is at the user’s own risk.
9. Governing Law
Any claim relating to iVita Financial’s web site shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.
10. Dispute Resolution
You agree that any dispute arising out of or relating in any way to your use of this Site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, iVita Financial may seek injunction or other appropriate relief. Such arbitration shall take place in Delaware and shall be conducted before one arbitrator in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration, except as otherwise expressly required by applicable law.
BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
Either Party may bring an action in a federal district court sitting in Delaware to enforce any arbitration award. If this Section 10 is deemed invalid or otherwise unenforceable for any reason, it shall be severed, and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts in Delaware.
11. Limitation on Actions Brought Against IVITA Financial
You agree that any claim or cause of action arising out of these terms or your use of the Site must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitation or other law to the contrary. Within this period, iVita Financial’s failure to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
12. Intellectual Property
iVita Financial and its licensors own all right, title and interest in and to the Sites, all the text, content, graphics, interfaces, code and materials thereon, the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to all intellectual property and proprietary rights therein. Your use of a Site does not grant to you ownership in or rights to of any of the foregoing. The Sites are copyrighted as a collective work under the United States and other copyright laws, and is the property of iVita Financial. The collective work includes works that are licensed to iVita Financial. Unless otherwise indicated on a Site, displayed trademarks, corporate logos, services marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, iVita Financial or its affiliates. iVita Financial does not grant any license or other authorization to use the Marks except through a separate written license agreement.
13. Your Privacy
You hereby agree that: (a) you have read and understood these Terms and (b) that these Terms have the same force and effect as a signed agreement.
16. Contact Information
If you have any questions about these Terms, or iVita Financial’s practices or dealings, please contact us by clicking on “Contact Us” located on this page in the footer or at this link.