1. WEBSITE TERMS AND CONDITIONS OF USE
Frequencell Inc. (“Vitalfield,” “Vitalfield.com,” “us,” “our,” or “we”) owns and manages this Website. You may only use the Website if you can form a binding contract with us, and only if you comply with these Terms & Conditions and all applicable local, state, national, and international laws, rules, and regulations.
We may alter these Terms & Conditions without notice, and your continued use of the Website signifies that you agree to be bound by any future changes. You are encouraged to review these Terms & Conditions at regular intervals to monitor for updates. If you do not agree, you should not use our Website.
Please read these Terms & Conditions carefully.
The European Union (“EU”) has adopted the General Data Protection Regulation (“GDPR”). The GDPR is an expansive data privacy and protection framework of laws designed to protect the personal data of individuals located in the EU. The GDPR applies to an entity that maintains an establishment in the EU if it processes personal data in the context of that EU establishment.
Vitalfield maintains an establishment in the EU and conducts the effective or real exercise of activity through stable arrangements. Likewise, Vitalfield does data processing activities related to any offering of goods or services to data subjects in the EU. Finally, Vitalfield does not require the submission of personal data to use Vitalfield.com. Any data processing carried out on Vitalfield.com is done lawfully under Article 6(1)(f) of the General Data Protection Regulation.
While Vitalfield com primarily markets to, interacts with, seeks to attract, and provides services to people and companies in the United States, Frequencell Inc.’s parent company, Vitalfield Technologies GmbH, does primarily market to, interact with, seeks to attract, and provide services to people and companies in the European Union.
2. YOUR ACCESS TO THIS WEBSITE IS GOVERNED BY THESE TERMS & CONDITIONS.
These Terms & Conditions govern your access to and use of this Website, and any content provided to you on, from, or through our Website, our software, and any applications created by Frequencell Inc., whether through a social networking site or through our subsidiaries or affiliated companies. This content is collectively encompassed by references to the Website throughout these Terms & Conditions.
3. OUR INFORMATION COLLECTION, USE, AND DISCLOSURE.
4. THIS WEBSITE DOES NOT CONSTITUTE THE FORMATION OF A PROVIDER-PATIENT RELATIONSHIP AND DOES NOT PROVIDE MEDICAL ADVICE.
Vitalfield’s conduct on this Website does not constitute the practice of medicine. The Website is offered only for educational purposes, based upon our proficiency in, knowledge of, and experience with the topics provided. The Content of the Website does not constitute medical advice and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. If you have concerns about any medical condition, diagnosis, or treatment, please make an appointment directly with us or another licensed healthcare provider. In an emergency, call 911. Vitalfield’s Website should not be utilized as a replacement for current or future medical advice, diagnosis, or treatment.
You acknowledge that visiting Vitalfield’s Website does not create a provider-patient relationship between you and Vitalfield or any of our providers, and your visit to this Website does not create any duty for us to follow up with you about any medical condition, diagnosis, or treatment. You acknowledge that you will consult your healthcare provider before considering any of Vitalfield’s services.
5. DISCLAIMERS REGARDING SERVICES: THE FDA HAS NOT EVALUATED OR APPROVED VITALFIELD WELLNESS PRODUCTS.
By reviewing these Terms and Conditions, you understand and acknowledge that the Food and Drug Administration (“FDA”) has not evaluated or approved the wellness products discussed on Vitalfield’s Website.
The services and content listed on this Website only constitute the opinions of Vitalfield. They have not been evaluated, recommended, or endorsed by the FDA or any other government organization.
6. USER ACCOUNT AND REGISTRATION.
To access most features of Vitalfield, users must register and create an account. When you create an account, you may be required to provide us with some information about yourself. You agree the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. Upon registration, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify Vitalfield.
7. DO NOT SHARE PROTECTED HEALTH INFORMATION VIA THIS WEBSITE.
Because we do not store or transmit protected health information (“PHI”) through this Website, our activities as they relate to this Website and its Content do not comply with the Health Insurance Portability and Accountability Act (“HIPAA”).
This means: Unless expressly directed to do so and through a secure HIPAA portal, do not use this Website to provide, transmit, store, or disclose any health information that constitutes PHI. Vitalfield accepts no affirmative duty to monitor whether you provide, transmit, store, or disclose PHI while using this Website or its Content. If you violate these Terms & Conditions and share PHI through this Website anyway, or if we become aware that you are using, providing, transmitting, storing, or disclosing PHI, we may revoke your access to the Website.
Remember that once you share information online, it may be impossible to make that information private again. If you use, provide, transmit, store, or disclose PHI through this Website, you agree to indemnify Vitalfield against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorney fees and costs) which arise from your use, provision, transmission, storage, or disclosure of PHI.
You are strongly urged to not share PHI through our Website or on our social media unless you do so through a specifically designated HIPAA-compliant and encrypted portal.
8. YOUR PERMITTED USES OF OUR WEBSITE CONTENT.
Unless otherwise expressly stated, Vitalfield (or its licensors) owns the entirety of the Content on this Website. The Content is protected by United States, state, and worldwide copyright laws and treaty provisions.
A. Our grant of limited personal license to you.
Except as provided above, you may not: copy, reproduce, modify, use, republish, upload, post, transmit, or distribute any of the Content, including any trademarks, names, or logos, and you may not redeliver or present any of the pages, text, images, or the Content using “framing” technology, nor systematically retrieve data, information, or the Content to create a collection, compilation, database, or directory.
Vitalfield reserves all rights not expressly granted.
9. RULES GOVERNING YOUR CONDUCT WHILE VISITING THIS WEBSITE.
Vitalfield has the right, but not the obligation, to monitor all conduct on this Website. You expressly agree that you will not: deceive, harass, stalk, harm, or exploit any other users; distribute spam; collect or record information about other users; or advertise or solicit others to purchase any product or service. You will not use this Website or its Content: for any unlawful purpose; to solicit others to perform or participate in unlawful acts; for any obscene purpose; to violate any regulations, rules, law, or ordinances; to submit false or misleading information; to upload or transmit any viruses or any other type of malicious code that will be used in a way that will affect the functionality or operation of the Website; or to collect or track the personal information of others. We reserve the right to terminate your use of the Website for engaging in such conduct.
10. THIS WEBSITE IS ONLY INTENDED FOR USERS 18 YEARS OF AGE OR OLDER.
This Website is intended solely for adults 18 years of age or older. It is not intended or designed to attract visitors who are under the age of eighteen. If we determine that a visitor is under the age of eighteen, we do not collect personally identifiable information about them. If we inadvertently or accidentally encounter personally identifiable information about a child under the age of eighteen, we will not knowingly disclose that information to any third party.
11. DISCLAIMER OF LIABILITY AND STATEMENT OF NO WARRANTY.
The information on our website is provided on an “as is” basis. Vitalfield makes no representations, and no express or implied warranties, with respect to the content, or otherwise regarding this website or any website linked through this website. To the fullest extent permitted by law, Vitalfield disclaims all express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Vitalfield does not warranty the accuracy, reliability, completeness, currentness, timeliness, or availability of this website or the content of any website linked through this website. By using this Website, you demonstrate that you assume the risk of accessing and using the information it provides. We do not guarantee the accuracy of information provided on this Website, and we reserve the right to correct any errors or inaccuracies at any time without prior notice. Vitalfield is not responsible for any errors or omissions in the information provided.
A. We are not responsible for any Website visitors’ damages.
By using this Website, you agree that Vitalfield is not responsible to you or others for any loss or damage that results from your use (or nonuse) of this Website or any linked third party’s website. These potential losses or damages include, but are not limited to: direct, indirect, special, consequential, compensatory, or incidental damage; lost profits or data; damage to your computer resulting from viruses; loss of or damage to other property; claims of third parties; or penalties resulting from copying or displaying this Website.
Vitalfield is not responsible for these consequences, regardless of whether we have been advised or knew or should have known of the possibility of such damages or claims. Your sole and exclusive remedy against Vitalfield is to stop using this Website. Without limiting the preceding paragraphs, you expressly release Vitalfield from any responsibility and/or liability relating to your use of this Website, linked websites, or information contained in this Website or linked websites.
12. INFORMATION THAT YOU PROVIDE VIA THIS WEBSITE.
A. Our right to monitor activity on our Website.
We have the right, but not the duty, to monitor your use of this Website, including any information you provide through it. You are responsible for the information that you send, submit, or provide through our Website. You agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invasive of another’s privacy, or violative of any law or confidentiality agreement.
We may or may not affirmatively monitor the information provided through this Website, but if such information is brought to our attention, we may edit, delete, modify, or ban the information, and/or take legal action against you.
B. Your consent to electronic communications.
If you provide Vitalfield with your email address, you consent to receive unencrypted and unsecured email communications from us. You agree that any notices, agreements, disclosures, or other communications that we send you via email satisfy any legal communication requirements.
Any information that you provide to Vitalfield or by email may be misdirected or intercepted by unintended recipients. Therefore, email may not be a confidential means of communication. If you have confidentiality concerns, please do not transmit any sensitive or confidential information to us via email.
13. LINKS TO THIRD-PARTY WEBSITES.
This Website may occasionally provide links to third-party websites. By clicking on these links, you agree that we cannot control the information presented on such third-party websites and are thus not responsible if you choose to follow those links. Although we may use third-party websites in the provision of our telehealth services, such websites are not maintained by, nor are they related to, Vitalfield.
By clicking on such links, you agree that we are not responsible for their content, regardless of whether your access is provided by Vitalfield or by another third party. We do not guarantee the accuracy, timeliness, or suitability of the content of any third-party website.
Any links that we provide to third-party websites should not be construed as endorsements of the products, services, or sponsoring organization of that linked website. Your sole and exclusive remedy for claims arising from any such third-party products or services is against that third party. Vitalfield is not responsible for these claims.
A. Third-party websites may link to this Website.
Vitalfield hereby grants third-party websites the limited right to link to its Website. This limited license does not permit third-party websites to use “framing” technology to capture Vitalfield’s Content, and it does not permit any activity that could create a misimpression or confusion among users with respect to sponsorship or affiliation. If your website provides a link to this Website, please notify Vitalfield within 72 hours of placing such link. You agree to remove the link and any reference to Vitalfield if we make such a request, and you agree to comply with such requests within 24 hours.
14. DO NOT SUBMIT IDEAS, SUGGESTIONS, OR OTHER CREATIVE MATERIAL.
Do not send us any ideas, suggestions, materials, concepts, or other information (collectively “Creative Material”), unless we ask you to do so. If you violate these Terms & Conditions, any Creative Material that you send to us will become Vitalfield’s property. This means that we will have unrestricted use of the Creative Material for our personal and commercial purposes. Regardless of how we use that Creative Material, you will not be compensated, and we will not be liable to you or to any other person involved with developing the Creative Material.
If you send Creative Material to Vitalfield, you agree: that you waive your rights to the Creative Material; that the Creative Material is original to you; that you have the right to submit the Creative Material to us; and that you have no recourse against Vitalfield for any alleged or actual infringement or misappropriation of any proprietary right in any Creative Material. We are not obligated to maintain the confidence of any Creative Material. Vitalfield further disclaims any liability that may result from its disclosure of any Creative Material which is submitted in violation of its policy.
15. YOUR AGREEMENT TO INDEMNIFY VITALFIELD.
You agree to indemnify Vitalfield against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorney fees and costs) arising out of any third party’s claims that relate to your use of this Website.
16. OUR OPERATION OF THIS WEBSITE.
We make all reasonable efforts to keep this Website operational and available. These efforts are subject to scheduled maintenance, unscheduled maintenance, and systems outages. We do not provide any assurance or warranty that: access will always be available; service will be uninterrupted; its operation will be error-free; any defects will be corrected; or that our Website’s servers are free from viruses or other harmful components. You agree to assume the entire cost of servicing, repairing, or correcting your property as might be necessitated by your use.
17. ONLINE PRIVACY AND COMMUNICATIONS.
A. Compliance with online communications privacy laws.
We strive to comply with all applicable laws concerning online communications privacy. However, your use of this Website signifies your acknowledgment that the internet is neither more nor less secure than other communications media, including mail, fax, and telephone services, all of which can be intercepted or otherwise compromised.
We encourage you to assume that all internet communications may be non-secure, and to exercise caution when sharing information about your health.
18. OUR PROPRIETARY RIGHTS TO THIS WEBSITE.
A. Copyright and trademark protections.
This Website’s Content is protected by applicable copyrights, trademarks, service marks, patents, or by other proprietary rights and laws. By using the Website, you agree not to sell, license, rent, modify, copy, distribute, reproduce, transmit, redistribute, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content. Your use of the Content for any purpose that is not expressly permitted by these Terms & Conditions is prohibited.
B. No reproduction of this Website’s Content.
Reproduction, replication, or redistribution of any of the Content for commercial purposes is prohibited.
19. DISCLAIMER FOR VISITORS’ HEALTH OR INJURIES.
A. Waiver of claims against Vitalfield.
You understand that Vitalfield is not responsible for any injuries that you sustain through its Content. You expressly waive any claim for any injury at any time against Vitalfield, or any person or entity involved with Vitalfield, including, without limitation, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates, and representatives.
B. No warranty or guarantee of outcome.
Vitalfield works to provide accurate information on this Website. However, we may include testimonials and/or examples on this Website from persons whose health concerns are distinct from yours. These are not guarantees that you will achieve comparable results by undertaking a comparable program. Your results will depend upon your personal background, effort, overall health, medical history, providers, and many other factors that are beyond the scope contemplated by this Website.
Vitalfield DOES NOT guarantee or warranty that you will have any specific result.
20. INTELLECTUAL PROPERTY INFRINGEMENT.
Vitalfield respects intellectual property rights. If you believe that information on our Website constitutes a copyright or trademark infringement, please provide us with following information: (1) the claimed infringement; (2) reasonably sufficient information to allow us to locate the claimed infringement on the Website; (3) the owner or complaining party’s contact information, including name, address, and email address; (4) the owner’s signature; (5) a statement by the owner that the owner has a good faith belief that the use of the copyright or trademark is not authorized by the copyright or trademark owner, its agent, or the law; (6) a statement, under penalty of perjury, that the information is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to a valid DMCA takedown notice, Vitalfield will notify you if we have removed copyright protected material.
Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
21. NO ASSIGNMENT OF TERMS & CONDITIONS.
Vitalfield may assign or transfer these Terms & Conditions or licenses without notice. However, they are not transferable by you to others.
22. ENFORCEMENT OF TERMS & CONDITIONS.
A. Conflicts governed by California law.
B. Treatment of unenforceable provisions.
By using this Website, you agree that if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded. You agree that, if an unenforceable provision is modified or disregarded in accordance with this paragraph, then the rest of these Terms & Conditions will remain in effect as written. And you agree that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
C. Validity of waivers of these Terms & Conditions.
D. Entirety of the agreement between visitors and Vitalfield.
E. Amendments & modifications to these Terms & Conditions.
23. AFFILIATES DISCLAIMER.
Pursuant to the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255 Sections 255.0 through 255.5, we reserve the right to provide links on this Website that may be affiliated links. This means that Vitalfield may be paid if you purchase products or services through affiliates’ links.
Vitalfield only provides affiliated links for products or services that its principals have personally used and believe will add value to its visitors.
24. YOUR AGREEMENT AND ACKNOWLEDGMENT.
By your continued use of Vitalfield’s Website, you understand and acknowledge that you have read the Terms & Conditions and you agree to be bound to them.