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Terms of Use

This site and all materials herein are designed to educate people about diet, a lifestyle approach to health and well being, natural remedies, treatments, options and dietary supplements. This site and all materials herein are based on the research and experience of Michelle Corey C.N.C., who is a Certified Nutrition Consultant. None of this should be construed as a substitute for medical attention. Rather, individuals with specific medical concerns or symptoms should seek advice from a physician. Every effort has been made to ensure that the discussions of natural drugs, remedies, treatments, medicines, cures, dietary supplements, and applicable dosages are in accordance with current recommendations and practices. But because research in these areas is ongoing and continually changing, each individual is reminded to check with his/her healthcare professional about specific recommendations.

Vibrant Way, Inc. and its subsidiaries’ names, abbreviations thereof, logos, and product and service designators are all either the registered or unregistered trademarks or trade names of Vibrant Way, Inc. and its subsidiaries.

Your use of this Web site constitutes your acceptance of Vibrant Way’s Terms and Conditions of Use (“Terms of Use” or “Agreement”)

1. The Web site does not provide medical advice
The contents of the Web site of Michelle Corey C.N.C. (Vibrant Way, Inc.), www.vibrantway.com, (the “Web site”), such as text, graphics, images, information obtained from the Web site’s licensors and other material (“Content”) contained on the Web site is for informational purposes only. The Content has not been evaluated by the FDA and is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should seek medical attention before undertaking any diet, exercise or other health program described on the Web site. Vibrant Way does not recommend self-management of one’s health care. Reliance on any information provided by or via the Web site is solely at your own risk.

Information obtained by using the Web site is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. The Content provided by vibrantway.com is compiled from numerous sources. Vibrant Way Inc., and its directors, officers, employees, licensors, suppliers, agents and independent contractors, do not directly or indirectly practice medicine or provide medical services as part of vibrantway.com. Should you have any health care–related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read on the Web site. If you think you may have a medical emergency, call your doctor or 911 immediately.

The Web site may contain health or medically related materials, including information about women’s reproductive issues, that you may find sexually explicit or otherwise offensive. It may not be suitable for children or other sensitive people. You are solely responsible for compliance with the laws applicable to your domicile.

2. Your Acceptance of VIBRANT WAY’s Terms and Privacy Policy
Your use of and/or visitation to the Web site signifies your agreement to (1) these terms and conditions (the "Terms of Use") and(2) Vibrant Way’s privacy notice, found at www.vibrantway.com/privacypolicy.asp and incorporated here by reference. If you do not agree to any of these terms or VIBRANT WAY’s privacy policy, please do not use the Web site. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version www.vibrantway.com/privacypolicy.asp . In its sole discretion, VIBRANT WAY may modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in the Terms of Use shall be deemed to confer any third-party rights or benefits. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

3. Your Use of the Web site – Permissions and Restrictions
Vibrant Way hereby grants you permission to access and use the Web site as set forth in these Terms of Service, under the following conditions:

  • You agree to use the site for lawful purposes only. The Content is protected by copyright under both United States and foreign laws, and contains trademarks and other proprietary information. Title to the Content remains with Vibrant Way or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Vibrant Way. All rights not expressly granted herein are reserved to Vibrant Way and its licensors. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
  • Vibrant Way authorizes you to view or download a single copy of the material made available on the Web site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright 2009, Vibrant Way Inc. All rights reserved,” and other copyright and proprietary rights notices that were contained in the Content. Except as otherwise expressly permitted under copyright law, you agree not to engage in any copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of Vibrant Way Inc. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any changes in or deletion of author attribution, trademark legend or copyright notice.
  • You agree not to alter or modify any part of the Web site.
  • Any special rules for the use of certain software and other items provided on the Web site may be included elsewhere within the Web site and are incorporated into these Terms of Use by reference.
  • You agree not to use the Web site, for any commercial use, without the prior written authorization of Vibrant Way Inc. Prohibited commercial uses include, but are not limited to, any of the following actions taken without Vibrant Way’s express approval:
    • post or transmission through the site of any material which contains advertising or any solicitation with respect to products or services;

    • advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the site;

    • sale of access to the Web site or its related services on another Web site;

    • use of the Web site or its related services, for the primary purpose of gaining advertising or subscription revenue; and

    • any use of the Web site or its related services that Vibrant Way finds, in its sole discretion, to be a use of Vibrant Way’s resources or User Submissions with the effect of competing with or displacing the market for Vibrant Way Inc., Vibrant Way content, or its User Submissions.
  • You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Web site in a manner that sends more request messages to the Vibrant Way servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Web site. You also agree not to interfere with the servers or networks connected to the Web site or to violate any of the procedures, policies or regulations of networks connected to the Web site. Notwithstanding the foregoing, Vibrant Way grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. VIBRANT WAY reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Web site, nor to use the communication systems provided by the Web site (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Web site with respect to their User Submissions. Any conduct by you that in VIBRANT WAY's discretion restricts or inhibits any other user from using or enjoying the site will not be permitted.
  • You agree that Vibrant Way, should it accept a User Submission, may include that User Submission in the Web site for as long or as short a period of time as Vibrant Way, at its sole discretion, chooses. Furthermore, you agree that Vibrant Way may edit User Submissions.
  • You agree that Vibrant Way shall have the right, but not the obligation, to monitor the content of the site and to remove any material that Vibrant Way, in its sole discretion, finds to be in violation of the provisions herein or otherwise objectionable.
  • Vibrant Way reserves the right to discontinue any aspect of the Web site at any time.

4. Vibrant Way Accounts
In order to access some features of the Web site, you will have to create a Vibrant Way acount. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Vibrant Way immediately of any breach of security or unauthorized use of your account. Although Vibrant Way will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Vibrant Way or others due to such unauthorized use. The creation of a Vibrant Way account is an explicit acceptance by you of these Terms of Use.

5. Electronic Communications
By establishing an account with the Web site, you consent to receiving electronic communications from Vibrant Way. These communications will include notices about your account and information concerning or related to our service. These communications are part of your relationship with Vibrant Way and you receive them as part of your account membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

6. Right to Terminate
Vibrant Way reserves the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. Vibrant Way reserves the right to determine whether a User Submission is appropriate and complies with these Terms of Use. Vibrant Way may remove such User Submissions and/or terminate a user’s or member’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at Vibrant Way’s sole discretion.

7. Disclaimer of Opinion
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by you or third parties on the Web site are those of the respective authors or producers and not of Vibrant Way, or its shareholders, directors, officers, or employees. Under no circumstances shall VIBRANT WAY, or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Web site.

8. Disclaimer of Warranty
Reasonable efforts have been made to ensure the accuracy of information presented on the Web site, but the accuracy of this information cannot be guaranteed. The Web site, the Content, and any and all services or products promoted via the Web site are provided on an “as is” basis. The use of the Web site, the Content and any product or service discussed or promoted via the Web site is at your own risk.
  
9. Liability of Vibrant Way Inc.
If you are dissatisfied with vibrantway.com, any information found thereon, or with any Vibrantway.com Terms of Use or Privacy Policy, your sole and exclusive remedy is to discontinue using Vibrantway.com. Vibrant Way assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Web site.
Vibrant Way is not liable for any personal injury, including death, caused by your use or misuse of the Web site or Content or by any products you purchase from Vibrant Way or a third party. In no event shall Vibrant Way or any third parties be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Web site or the Content whether based on warranty, contract, tort or any other legal theory, and whether or not Vibrant Way is advised of the possibility of such damages.

The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain warranties. Any claims arising in connection with your use of the Web site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

10. Indemnification
You agree to defend, indemnify and hold harmless Vibrant Way and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of: (i) your use of the Web site and/or any information, services and/or goods provided via the site; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including but not limited to any copyright, property or privacy right; (iv) any claim that on of your User Submissions caused damage to a third party. The obligations under this subsection will survive these Terms of Use and your use of the Web site.

11. Advertisements, Product/Service Promotions and Links to Other Sites
Vibrant Way discusses certain products and/or services of third parties on the Site. In many cases the third-party product and/or service provider will pay Vibrant Way a referral fee for purchases made by individuals that are referred to it by Vibrant Way. As noted above, Vibrant Way makes no representations or warranties regarding the effects or efficacy of these products and/or services, and your use of any product or service that is discussed or promoted via the Web site is at your own risk and is subject to these Terms of Use. Some of the hyperlinks on the Web site may lead to other Web sites that are not controlled by, or affiliated with, Vibrant Way. In addition, other Web sites may link to the Web site. Unless expressly stated, Vibrant Way has not reviewed or endorsed these Web sites, has no control over those sites and is not responsible for the content or privacy policies, or practices of any third party Web sites. In addition, Vibrant Way will not and cannot censor or edit the content of any third-party site. By using the Web site, you expressly relieve Vibrant Way from any and all liability arising from your use of any third-party Web site that you visit through the Web site. Accordingly, we encourage you to be aware when you leave the Web site and to read the terms and conditions and privacy policy of each other Web site that you visit.

12. Privacy Policy
Your acceptance of these Terms of Use and/or use of the site constitutes your acceptance of Vibrant Way’s privacy policy.

14. Disputes
You expressly agree that any claim or controversy arising out of or related to these Terms of Use, the Web site, or the services or products provided on or through the Web site shall be settled by binding arbitration to be held in Taos, New Mexico in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude Vibrant Way from seeking any injunctive relief in any court of competent jurisdiction for protection of Vibrant Way’s intellectual property rights. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Mexico for the enforcement of this arbitration agreement and of any arbitration award in connection with any such dispute including any claim involving Vibrant Way or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

These Terms of Use are governed by the internal substantive laws of the State of New Mexico, without respect to its conflict of the laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

15. Revisions to Terms of Use
These Terms of Use may be revised, modified, altered or updated in the future without notification or cause. You agree that after consenting, you will be bound by such revisions, modifications, alterations, or updates. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.

16. Entire Agreement
These Terms of Use, as modified from time to time as described below, and including the policies incorporated by reference, sets forth the entire understanding and agreement of the parties relating to the subject matter hereof, and it supersedes any prior or contemporaneous understandings of any kind or nature. By agreeing to these terms, you represent that you are not relying on any agreement; representation or warranty pertaining to the subject matter hereof that is not expressly set forth herein.

17. Severability
The provisions of these Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.

18. Intellectual Property Notice
All content on vibrantway.com, including the newsletters and e-newsletters distributed via vibrantway.com are all registered and/or unregistered copyrights of Michelle Corey C.N.C. and Vibrant Way Inc. The terms Women’s Empowerment Formula, Women’s Empowerment Program and Empowered for Life Eating Plan, are all trademarks of Vibrant Way, Inc. All rights reserved.

19. Ability to Accept Terms
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

21. General
No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and Vibrant Way by your use of the site. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability, User Submissions, Indemnity, Disputes, and Entire Agreement. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Vibrant Way without restriction. The section headings used herein are for convenience only and shall not be given any legal import. These Terms of Use are for the benefit of Vibrant Way, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce these Terms of Use directly or on its own behalf.



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