Disclaimer and Terms of Use

Effective Date: March 25, 2021

This Disclaimer and Terms of Use (“Terms of Use”) governs the 360Vitalis.com website (the “Website”) owned and operated by 360Vitalis Incorporated, an Ohio corporation (“us”, “our”, or “we”).

BY CHOOSING TO USE THE WEBSITE, YOU ACKNOWLEDGE AND CERTIFY THAT:

  • YOU HAVE READ THESE TERMS OF USE, WHICH EXPRESSLY INCORPORATE OUR PRIVACY POLICY.
  • YOU AGREE TO BE BOUND BY AND COMPLY WITH OUR TERMS OF USE AND PRIVACY POLICY.
  • YOU ARE AT LEAST TWENTY-ONE (21) YEARS OLD.

IF YOU DO NOT AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, PLEASE LEAVE OUR WEBSITE AND DISCONTINUE THE USE OF OUR SERVICES IMMEDIATELY.

If you wish to contact us concerning these Terms of Use or any aspect of the Website, please contact us at:

by 360Vitalis Incorporated

2034 Bailey Rd

Cuyahoga Falls, OH 44221

info@360Vitalis.com

1. DISCLAIMERS

The Website and the information contained therein are offered for informational purposes only. Neither we nor the Website shall be held responsible or liable for the accuracy of any information transmitted or made available through the Website, nor responsible for any error or omissions in any of that information.

The Website is controlled and operated by us from our offices in the State of Ohio and is intended only for persons residing in the United States. We make no representation that any of the materials or services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Website outside of the State of Ohio should not be construed as our purposefully availing ourselves of the benefits or privilege of doing business in any state or jurisdiction other than the State of Ohio.

We hereby disclaim all warranties, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We make the Website available “as is”, without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the Website.

We have no control over, and no liability for any third-party websites or materials, even if they are linked to or from the Website. We make no guarantees about the accuracy, currency, content, or quality of the content and/or information provided by such third parties, and we assume no responsibility for third-party content. Any information or content on any third-party website or platform shall be governed by that party’s terms of use, which we encourage you to review.

2. TERMS OF USE OF THE WEBSITE

Your use of the Website is, at all times, expressly conditioned on your compliance with these Terms of Use, as well as all applicable laws, rules, and regulations. Your failure to comply with these Terms of Use, as well as all applicable laws, rules, and regulations, may result in termination of your access to the Website.

Terms of Purchases and Refunds: Any purchase you make on the Website is subject to our Terms and Conditions of Purchase and Refunds

Intellectual Property: All contents of the Website are Copyright © 2021 360Vitalis Incorporated. All rights are reserved. All of our trademarks, service marks and trade names, whether registered or not, used on the Website are our property. We do not grant you, and nothing on the Website should be understood as granting you a license to use any of our copyrights, trademarks, service marks, logos, or other intellectual property, or the intellectual property of any third party.

Copyright Notice: If you have evidence, know, or have a good-faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information at the contact information listed above:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

User Accounts: You may be able to browse and use or interact with certain features of the Website without being required to create an account with us. Certain features or activities on the Website may require that you register for an account with us, including purchasing a ticket or merchandise. We reserve the right to terminate, cancel, or refuse registration of a username or account as set forth herein. When creating an account, you will be required to select a username and password and provide us with certain information. Information you provide to us when you create an account with us is governed by the terms of our Privacy Policy. You may select a username that is not already in use on the Website, but you may not select usernames that are obscene, vulgar or are intended to impersonate any other person, and we reserve the right to require you to modify or change your username and/or password if we believe that they violate these Terms of Use or present security concerns. You will also be required to select a password and will be solely responsible for maintaining the confidentiality of that password and all conduct on the Website. You may not provide access to your account to any third party or use a third party’s account. We are not responsible or liable for any harm that results from your disclosure of your password and/or username to any third-party or any third-party’s disclosure of their password and/or username to you. You are required to notify us in the event that you learn of any third-party accessing your account, username, or password for any reason.

Security Features: You are also prohibited from violating or attempting to violate any security features of the Website, including, without limitation: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Website or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Website to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Website; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Website. Any violation of system or network security may subject you to liability.

3. DISPUTE RESOLUTION

By employing the Website, we do not consent to jurisdiction, venue, or choice of law in or of any jurisdiction. Any dispute with respect to or arising from the Website shall be governed by the laws of the State of Ohio without regard to its laws relating to choice of laws, and the forum to resolve any such dispute or disagreement shall be a court within the City of University Heights, State of Ohio, United States of America, and no other forum whatsoever.

4. LIMITATION OF LIABILITY AND INDEMNIFICATION

By using the Website or purchasing any product or service on the Website, you agree to indemnify, defend, and hold harmless 360Vitalis Incorporated and its agents, managers, officers, directors, representatives, and employees from and against any and all liabilities, losses, damages, and expenses, including reasonable attorneys’ fees (collectively, “Claims”) arising from or growing out of any acts or omissions you commit, including but not limited to, violation of any applicable law, regulation, or order.

In no event will you be entitled to recover from 360Vitalis Incorporated any indirect, consequential, incidental, punitive, exemplary, or special damages, or any damages for loss of data, profits, revenue, reputation, business, or goodwill, even if 360Vitalis Incorporated has been advised of the possibility of such damages.

5. HEMP DISCLOSURE

We make no guarantee as to the lawfulness of any product offered on the Website in your jurisdiction, that any product on the Website is legal for resale in your jurisdiction, or that you will be able to pass a drug test after consuming products available on the Website. If you have questions regarding the legality of industrial hemp or industrial hemp products in your jurisdiction, please consult a local attorney.

None of the products listed on the Website have been approved by the Food and Drug Administration (“FDA”). By using this Website, you acknowledge that you understand that the statements regarding our products have not been evaluated by the FDA; that our products are not intended to diagnose, treat, or cure any disease or ailment; and that results from our products may vary. Always check with a physician before trying any new dietary supplement, medicinal herb, or botanical extract.

We reserve the right to not ship products to certain states or jurisdictions. We encourage all our customers to do their own research into their individual state and local laws.

6. REVISIONS OR MODIFICATIONS OF THESE TERMS OF USE

We reserve the right to change, add, modify, or remove portions of these Terms of Use at any time, which shall become effective as of the effective date at the top of this page. You are responsible for reviewing these Terms of Use prior to each use of the Website. By continuing to use the Website, you agree to any modifications.