TERMS OF USE

This Terms of Use agreement ("Agreement") is between you and Vita Optimus, L.L.C. ("Vita Optimus") with regard to this website ("Website"). Please read the following terms and conditions carefully. By using and accessing this Website, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU ACCEPT, WITHOUT MODIFICATION, THE TERMS AND CONDITIONS SET FORTH HEREIN.

If you do not agree to the terms and conditions of this Agreement, you may not access, view, obtain information, goods or services from, or otherwise use this Website.

By continuing to use this Website, you are maintaining that you have the authorization necessary to enter into this Agreement and that your use of this Website and any of the content or services it provides does not and will not violate any applicable laws.

Vita Optimus reserves the right to modify this Agreement at any time without giving you prior notice. Changes to this Agreement take effect when posted to the Website. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.

VITA OPTIMUS IS NOT A DOCTOR OR A HEALTHCARE PROVIDER. NEITHER VITA OPTIMUS, NOR THIS WEBSITE, OFFER MEDICAL ADVICE.

THIS WEBSITE IS NOT INTENDED TO BE A SUBSTITUTE OR REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. NOTHING ON THIS WEBSITE SHOULD BE CONSTRUED AS AN ATTEMPT TO OFFER OR RENDER A MEDICAL OPINION, CONSULTATION, INSTRUCTION, OR OTHERWISE ENGAGE IN THE PRACTICE OF MEDICINE.

YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE, DISREGARD MEDICAL ADVICE, OR DISCONTINUE MEDICAL TREATMENT BECAUSE OF INFORMATION ON THIS WEBSITE.

DO NOT RELY ON THIS WEBSITE TO DIAGNOSE OR TREAT ANY CONDITION. IF YOU THINK YOU MAY BE SUFFERING FROM ANY MEDICAL CONDITION OR IF YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR GO TO A HOSPITAL IMMEDIATELY.

Paid Advertisement

THIS WEBSITE IS A PAID ADVERTISEMENT. Vita Optimus operates this Website to provide paid advertisement for medical associations, medical companies, physicians, clinics, and other healthcare providers (singly or collectively, the "Providers") featured on this Website.

Vita Optimus does not recommend or endorse any specific Provider, test, product, procedure, opinion or any other information provided on this Website.

This Website is not referral service and it does not accept referral fees from Providers advertising on this Website in exchange for the referral of clients or patients. Providers advertising with this Website are charged an advertising fee whether or not you choose to engage their services.

Vita Optimus is not affiliated with any Provider featured on this Website. No Provider advertising with or referred by this Website has any ownership interest in this Website.

Providers are not specialists in any area of medicine mentioned in this Website. Any reference to any area of medicine is for informational purposes only.

This Website contains a limited list of Providers which is by no means an all-inclusive list. Vita Optimus has only selected those Providers who have paid an advertising fee or who have been otherwise selected to be featured on the Website.

Vita Optimus does not guarantee the quality of the medical services that are provided by the featured Providers. Vita Optimus makes no representation that the quality of the medical services available through the Providers featured on this Website is greater than the quality of the services provided by non-participating physicians and clinics.

Some products or services mentioned on the Website may be provided by affiliated providers, agents, or employees of the participating Provider. Some products or services mentioned on the Website may not be provided by the participating Provider at all.

You may use the Website solely for your non-commercial, personal purposes and/or to learn about featured Providers.

CHOOSING A HEALTHCARE PROVIDER IS AN IMPORTANT MATTER AND YOUR CHOICE SHOULD NEVER BE BASED SOLELY UPON ADVERTISEMENTS OF ANY KIND.

Advertisement of Free or Discounted Medical Services in Florida

THE PATIENT AND ANY OTHER PERSON RESPONSIBLE FOR PAYMENT HAS A RIGHT TO REFUSE TO PAY, CANCEL PAYMENT, OR BE REIMBURSED FOR PAYMENT FOR ANY OTHER SERVICE, EXAMINATION, OR TREATMENT THAT IS PERFORMED AS A RESULT OF AND WITHIN 72 HOURS OF RESPONDING TO THE ADVERTISEMENT FOR THE FREE, DISCOUNTED FEE, OR REDUCED FEE SERVICE, EXAMINATION, OR TREATMENT.

Informational Only Content

All information presented in this Website, including without limitation all text, writings, articles, descriptions, images, graphics, documents, materials, and/or other works that you see, hear or otherwise experience on the Website (singly or collectively, the "Website Content") is intended for informational purposes only and is not intended for the purpose of rendering medical advice.

The Website Content is written, in part or in whole, by nonprofessionals. No warranty whatsoever is made that the Website Content is accurate or that any statement contained or cited in the Website Content is true, correct, precise, or up-to-date.

Consult a physician for a thorough evaluation before taking any medications, over-the-counter drugs, supplements or herbs. This Website does not recommend or endorse any medications, vitamins or herbs. Your personal physician should make a decision based on your medical history and current prescriptions.

Statements made on this Website have not been evaluated by the Food and Drug Administration. The information contained herein is not intended to diagnose, treat, cure or prevent any disease.

The Website Content is not intended to be a complete description of every condition, disease, symptom, treatment, reaction, outcome, risk, side effect, or contraindication.

The Website may contain health-related or medical-related materials that you may find offensive or sexually explicit. If you find any of the Website Content offensive, stop using the Website.

Provider Content

Participating Providers publish on this Website information, including without limitation text, writings, articles, images, graphics, and documents (singly or collectively, the "Provider Content"). The Provider Content on this Website is not moderated or vetted for accuracy or truthfulness. Vita Optimus does not take responsibility for representations made by Providers on this Website. Any claim of education, experience, quality, success, licensure, board-certification, credentials, or any other claims made by a Provider advertising on this Website must be verified by you personally, as neither Vita Optimus nor this Website guarantee the accuracy or veracity of any such representations.

Stock Photographs

Stock photographs of people used on this Website are photographs of non-patient models and not photographs of actual patients who have undergone treatments or procedures described herein.

Information Submittal

You may use this Website to submit your name, telephone number, email address, comments, questions, and other information ("Your Information") in order to contact a certain Provider or to receive certain additional information. By completing and submitting Your Information, you are expressly electing to be contacted by Vita Optimus, this Website and/or the Provider advertising with this Website.

Anytime you submit Your Information, you are authorizing Vita Optimus and this Website to provide this information either in whole or in part to participating Providers and other relevant third parties, including their agents, marketing firms and licensors. This is done so that these parties can contact you to discuss your situation. You understand and agree that any of these parties may contact you via telephone or email, even if you have registered this information with a do-not-contact registry.

Vita Optimus and this Website act only as an intermediary between Website users and participating Providers. Vita Optimus does not guarantee that any Provider will contact you or provide you with the information, treatments, or services you need once you have been contacted. You should seek advice from your physician, even if you have already submitted a request through this Website.

Any email or telephone contact lists generated by this Website are user generated, meaning such lists will only be populated with information expressly provided by visitors freely submitting their contact information and expressly electing to be contacted by Vita Optimus, this Website and/or a Provider advertising with this Website.

No Physician-Patient Relationship

Accessing of this Website, transmission of information to and from this Website, receipt of any information from this Website, submission of any information to this Website, or any other use of this Website does not create a physician-patient relationship, and you have not become a patient of Vita Optimus or any of the Providers featured on this Website.

Any information you provide using this Website is not protected under HIPAA or any other laws or regulations governing doctor-patient relationship.

Engaging the Services of a Provider

Whether or not to engage the services of a Provider is your decision, and the Provider that you choose is responsible for all of the services that are provided to you. You understand and agree that Vita Optimus will not be held responsible for any damages or costs, including those associated with malpractice, that result from your consultation, treatment, or relationship with a Provider. You also understand that any claims will be brought against that Provider and not against Vita Optimus. You have the right to contact the State Medical Board in the state in which the Provider practices to obtain information about the Provider. Vita Optimus strongly advises you to obtain information regarding the Provider’s fee schedule, education, experience and background before you make any decision.

Disclaimer of Warranties

THIS WEBSITE, INCLUDING ALL WEBSITE CONTENT, IS PROVIDED BY VITA OPTIMUS "AS IS." VITA OPTIMUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, GOODS, PRODUCTS, OR SERVICES INCLUDED ON THIS WEBSITE, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW.

VITA OPTIMUS AND ITS AFFILIATES, AGENTS AND LICENSORS MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CURRENTNESS, NONINFRINGEMENT, ADEQUACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION, GOODS, PRODUCTS, SERVICES, DATA, FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS CONTAINED, OFFERRED, OR ADVERTISED IN THIS WEBSITE.

REFERENCE TO ANY PROVIDER, PRODUCT, PROCESS, PUBLICATION OR SERVICE OF ANY THIRD PARTY BY NAME, TRADE NAME, TRADEMARK, MANUFACTURER, OR OTHERWISE DOES NOT NECESSARILY CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY VITA OPTIMUS. USERS ARE RESPONSIBLE FOR SEEKING THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE INFORMATION, OPINIONS, ADVICE OR CONTENT AVAILABLE AT THIS WEBSITE.

IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, OUTAGES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE.

Limitation of Liability

NEITHER VITA OPTIMUS NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES OR DIRECTORS WILL BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR ANY GOODS OR SERVICES ADVERTISED ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES OR LOST PROFITS THAT ARE BASED ON OR COME AS A RESULT OF THIS WEBSITE, THIS AGREEMENT, ANY RELATIONSHIP OR TRANSACTION BETWEEN ANY WEBSITE USER AND ADVERTISED PROVIDER, OR GENERAL USE OF THIS WEBSITE, EVEN IF VITA OPTIMUS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THESE LIMITATIONS AND EXCLUSIONS WILL CONTINUE TO APPLY REGARDLESS OF THE TYPE OF DAMAGES INCURRED, WHICH INCLUDE BUT ARE NOT LIMITED TO BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION TO THE MAXIMUM EXTENT ALLOWABLE BY LAW IN AREAS WHERE SUCH LIMITATIONS ARE NOT PROHIBITED BY LAW, AND IN NO EVENT SHALL EXCEED $100.00.

SOME AREAS AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF WARRANTIES OR LIMITATON OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU FOR THIS REASON.

VITA OPTIMUS IS NOT RESPONSIBLE FOR ANY RESULTING DAMAGE TO ANY USER'S COMPUTER FROM ANY SECURITY BREACH, OR FROM ANY VIRUS, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE FAILURE OR ANY OTHER TECHNICAL MALFUNCTION.

VITA OPTIMUS IS NOT LIABLE FOR THE CONTENT OR PERFORMANCE OF ANY PORTION OF OTHER WEBSITES TO WHICH THIS WEBSITE MAY BE LINKED OR FROM WHICH THIS WEBSITE MAY BE ACCESSED. USERS ARE REQUESTED TO INFORM VITA OPTIMUS OF ANY ERRORS OR INAPPROPRIATE MATERIAL FOUND ON WEBSITES TO WHICH THIS WEBSITE IS OR MAY BE LINKED. THE INCLUSION OF ANY LINK TO ANY WEBSITE DOES NOT IMPLY APPROVAL OF OR ENDORSEMENT BY VITA OPTIMUS OF SUCH WEBSITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT MAY PROVIDE.

VITA OPTIMUS RESERVES THE RIGHT TO ALTER, SUSPEND OR DISCONTINUE THE WEBSITE AT ANY TIME FOR ANY REASON WITHOUT NOTICE OR CAUSE. THE WEBSITE MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT.

Indemnification

You agree that you will defend, indemnify and hold Vita Optimus harmless against and from any and all costs or liabilities that you incur in connection with any claim that results from your use or attempted use of this Website, including but not limited to disputes between you, Providers or other entities. Vita Optimus will also be indemnified and held harmless from claims that result from your failure to act, or any breach of this Agreement made by you. You agree that you will cooperate in the defense of any claim to the fullest extent that is required. Vita Optimus may, at our own expense, assume exclusive defense and control of any matter that may otherwise be subject to your indemnification. You may not settle any event or matter without written consent from Vita Optimus.

Copyright and Trademark Information

This Website, including all Website Content, is the property of Vita Optimus or its third party licensors and is protected from unauthorized copying and dissemination by worldwide copyright, patient, trademark, databases and other intellectual property rights laws and treaty provisions whether or not a copyright notice is present. You agree to comply with all intellectual property rights laws during your use of this Website and to prevent any unauthorized copying of the Website Content.

You may not use, alter, copy, distribute, transmit, or derive another work from any Website Content obtained from the Website, except as expressly permitted by the Terms of Use.

No right, title or interest in any Website Content is transferred to you, whether as a result of downloading such Content or otherwise. Vita Optimus reserves complete title and full intellectual property rights in the Website and all Website Content.

The trademarks, logos, and service marks displayed on the Website, are registered trademarks of Vita Optimus, Providers represented on this Website, or of other third parties. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise any license or right to use any trademark or copyrightable material displayed on the Website without the written permission of Vita Optimus or such third party that may own the trademarks or copyrightable material displayed on the Website.

Prohibited Website Use

Vita Optimus provides you with permission to use this Website strictly for personal, non-commercial purposes in order to obtain information regarding the featured Providers and their services. Vita Optimus expressly prohibits any other use of this Website. Anytime you use this Website, you agree that you will not:

  • Provide any false or inaccurate information;
  • Misrepresent your affiliation with any person or agency or impersonate another person or agency;
  • Provide information that you are not legally allowed to disclose;
  • Use this Website for any commercial purposes, including without limitation sending advertisements and commercial messages to the listed Providers;
  • Use this Website to submit messages unrelated to the subject topic or to obtaining information about Providers or their services;
  • Harass, threaten or abuse any other person, whether another user of this website, a Vita Optimus representative or any Provider who contacts you;
  • Infringe upon the copyright, trademark, patent, publicity, privacy or other proprietary rights of any third party;
  • Transmit, distribute, republish, display, post, upload, reproduce or copy any of the information contained within this Website either in whole or in part;
  • Reproduce this Website in whole or in part on your own website, including using a border or frame environment around the site or using any other framing or mirroring technique to enclose or replicate any part of this Website;
  • Translate this Website in whole or in part into any other language, including computer language, or create derivative works from any part of this Website;
  • Offer to sell or sell, license or transfer any part of this Website to any third party;
  • Use automatic or manual processes like robots and spiders to copy, monitor, or keep a database copy of any part of this Website;
  • Use this Website for any purpose other than that for which it is intended, or for any purpose other than gathering information regarding the subject matter and making legitimate inquiries about the Providers featured by this Website;
  • Post any material, including that which is vulgar, indecent, libelous, defamatory, abusive, unlawful, threatening, inflammatory, pornographic or sexually explicit, which may encourage conduct that would be considered a criminal offense or prohibited by this Agreement;
  • Use this Website or access it in such a way that affects the functionality of the Website or any of the other computers and networks connected to this Website;
  • Upload or transmit any device or software that contains viruses, Trojan horses, time bombs, worms or any other routines to this Website or in connection with the Website that may damage or interfere with the normal operation of this Website;
  • Attempt to disguise or alter the origin of any inquiry or information that is transmitted through this Website; or
  • Use this Website in any manner that violates federal and state laws, including but not limited to laws that regulate the use of telephone solicitations, fax transmissions and commercial email.

Please email us whenever you become aware of or experience any activities or communications that appear to violate the above terms.

General Provisions

If Vita Optimus fails to impose or enforce a part of this Agreement, this is not to be viewed as a waiver of any right or provision. Should any court or jurisdiction which is competent in making the decision determines that any part of this Agreement is unenforceable, Vita Optimus will enforce that part of the Agreement to the fullest extent allowed by law while the rest of the Agreement continue to be fully enforced without interruption. The headings at the beginning of each section of this Agreement are not part of the Agreement and hold no contractual meaning or legal effect; they exist to enhance readability and are present for your convenience. You agree that Vita Optimus may immediately terminate your access to this Website due to your alleged or actual breach of this Agreement, our Privacy Policy, the law, or any other unauthorized use at our sole discretion and with no prior notice to you. You must commence any cause of action resulting from this Website or the services it provides within one year after the claim or cause of action became apparent or your access to this Website will be terminated indefinitely.

Jurisdictional Issues

Vita Optimus makes no representation that the Website Content is appropriate for use in your state. Some Providers and/or services may not be licensed or available in all jurisdictions. If you choose to access this Website or contact any of the featured Providers, you do so on your own initiative and are responsible for compliance with any local, state and federal laws.

Governing Law

You understand and agree that the use of this Website shall be governed by Delaware law, without regard to principals of conflict of laws, and jurisdiction. You also agree that any cause of action that arises from your use of or attempted use of this Website or any of the services made available by this Website that are pursuant to this Agreement will be filed in a suitable state or federal local court. You agree that you will not sue Vita Optimus or bring a motion against Vita Optimus in any other form, regardless of the cause of action. You also understand and agree that any legal dispute that is between you and Vita Optimus will be governed by local laws without any regard for conflict of law and regardless of your location at the time the access or attempted access to this Website occurred or your current location. If any part of this Agreement conflicts with applicable law, this Agreement shall be deemed modified to conform to the law, without affecting the remaining portions of the Agreement.

For any questions please e-mail: info@vitaoptimus.com