These Terms include important information about your legal rights, remedies, and obligations, including various limitations and exclusions, and provisions that govern the procedure, jurisdiction and venue of any disputes. By accessing the Sites or using the Services, you are entering into a legal contract with us regarding your use of the Sites and Services. You agree to be bound by these Terms and all additional terms incorporated by reference. If you do not agree to any portion of these Terms, you should not access the Sites or otherwise use the Services.
Convenience and Information Only
Subject to these Terms, we hereby grant you a non-transferable, non-exclusive, limited license to use and access the Sites and Services for your non-commercial use, which are provided to you as a convenience and for your information only. We do not warrant or represent that: (a) any statement, documents, images, graphics, logos, designs, audio, video, or any other information provided from or on the Sites or through the Services (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) we have any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes made by a third party; (f) your access to the Sites will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to comments or questions asked through the Sites is or will be accurate or complete.
Use and Content
The ownership of the Sites, Services, Content, and all rights therein are and will remain with HYV. You may view, copy or print a single copy of any page from the Sites for non-commercial purposes if you do not remove, modify, or alter any copyright or proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information, images or other Content from the Sites without our express, prior written consent. Any special rules for any software, downloads, and other items accessible through the Sites are incorporated into these Terms by reference.
Restrictions on Use
You may not: (i) remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Sites; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Sites, or any aspect of them, except as expressly permitted by us; (iii) decompile, reverse engineer, jeopardize the correct functioning of any portion of the Sites, or disassemble the Sites, or otherwise attempt to derive the source code of the software (including the tools, processes, methods, and infrastructure) that enables or underlies the Sites, except as may be permitted by applicable law; (iv) cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Sites, or unduly burdening or hindering the operation and/or functionality of any aspect of the Sites; (v) attempt to gain unauthorized access to or impair any aspect of the Sites, or the related systems, servers, or networks; (vi) use the Sites to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; (vii) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; or (viii) use any portion of the Sites or any Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity.
We may make changes to the Sites, the Services, the Content or these Terms or stop providing any of the Sites, the Services and/or the Content at any time and without further notice to you. We will make an effort to update the Sites with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). Your continued access or use of the Sites and Services after such posting constitutes your consent to be bound by the Terms, as amended.
Privacy and Electronic Communication
Account and Security
To access certain features on the Sites, like our support services, you may be required to create an online account and choose a username and password. We use reasonable precautions to protect the privacy of your username, password, and account information. However, you are ultimately responsible for protecting your information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies, if any. While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error. You agree to provide current, complete and accurate purchase and account information for all purchases made using our Sites. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You agree that you are solely responsible for activity that occurs under your account. We are entitled to act on all instructions received by anyone using your account, and we reserve the right to pursue any and all claims against any user of your account. You will be responsible for all charges incurred up until the time the account is deactivated, if applicable.
You acknowledge that, in using the Sites and accessing the Content, you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use the Sites at your sole risk and that we will have no liability to you for material that may be disturbing, objectionable or offensive to you.
Not Intended for Children and Other Age Requirements
The Sites are not intended or designed to attract children under the age of 13. You affirm that you are at least 18 years of age, or are an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
When accessing the Sites and using the Services, information will be transmitted in such a way that may be beyond our control. Accordingly, we make no warranty concerning the delay, failure, interruption, or corruption of any data, the Content or any other information transmitted in connection with the use of the Sites and Services. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES AND SERVICES IS AT YOUR SOLE RISK. THE SITES, SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS THESE WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITES, THE CONTENT OR ANY SERVICES OR FEATURES OFFERED IN CONNECTION WITH THE SITES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ACCESSIBLE ON OR THROUGH THE SITES, OR THE SERVERS USED IN CONNECTION WITH THE SITES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE SITES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SITES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE SITES.
You agree to defend, indemnify, and hold harmless HYV and our directors, officers, employees, agents, successors and assigns from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties.
Limitation of Liability
IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITES, THE SERVICES AND/OR THE CONTENT PROVIDED IN CONNECTION WITH THE SITES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES AND/OR THE CONTENT PROVIDED ON OR THROUGH THE SITES. IN ADDITION, WE WILL NOT BE LIABLE FOR ANY NEGATIVE REPERCUSSIONS TO ANYONE BASED ON THE USE OF OR INABILITY TO USE THE SITES OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LOST GOODWILL OR LOST PROFITS. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE CAUSED BY YOUR USE OR MISUSE OF THE SITES, THE SERVICES AND/OR ANY CONTENT. WE ARE NOT RESPONSIBLE FOR (A) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE CONTENT; (B) DELAYS, ERRORS, OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE CONTENT; OR (C) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES YOU RECEIVE USING THE SITES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM ONE STATE OR JURISDICTION TO ANOTHER.
Third Party Content and Third Party Applications
We may provide hyperlinks to other websites maintained by third parties, or we may provide third party content on the Sites by framing or other methods (collectively, “Third Party Content”). In addition, the Sites may include certain applications, features, programs and services provided by third parties (collectively, “Third Party Applications”). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. The links to third party websites, any Third Party Content, and any Third Party Applications are provided for your convenience and information only. The content on any linked website or in any Third Party Application is not under our control and we are not responsible for the content of linked websites and/or Third Party Applications, including any further links contained in a third party website. We make no representation or warranty in connection with any Third Party Content or Third Party Application, which at all times and in each instance is provided “as is.” If you decide to access any of the third party websites linked to the Sites, any Third Party Content, and/or any Third Party Application, you do so entirely at your own risk.
The Content is intellectual property owned, controlled and/or licensed by us and/or our affiliates, or intellectual property that we are legally permitted to access and use. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. Except as other otherwise set forth in these Terms, no portion of the Content may be reproduced in any form or by any means. We are the owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed by us on the Sites. All trademarks and service marks of HYV that may be referred to on the Sites are the property of HYV or one of our affiliates. Other parties’ trademarks and service marks that may be referred to on the Sites are the property of their respective owners. Nothing on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our, or our affiliates’, trademarks, service marks, logos, or copyrighted materials without our prior written permission.
Termination of Service
We may suspend or terminate your right to access portions of the Sites or the Services at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Sites, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers, or as we otherwise deem appropriate, in our sole discretion.
You acknowledge that your conduct that is inconsistent with these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief to restrain such conduct without the necessity of proving actual harm or posting a bond.
Governing Law; Jurisdiction and Venue
You agree that all matters relating to your access to, or use of, the Sites and Services will be governed by the laws of the State of Utah, without regard to any conflict of laws principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of Utah with respect to such matters.
We make no representation that any Content or materials on the Sites are appropriate or available for use in jurisdictions that are outside the United States. Access to the Sites from jurisdictions where such access is illegal is prohibited. If you choose to access the Sites from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
Any software and all underlying information and technology downloaded or viewed from any of the Sites or in connection with the Services (collectively, the “Software or Technical Data”) by you may be subject to U.S. export controls, including the Export Administration Act and the Export Administration Regulations, and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Sites, the Content, the Service, and any of our products, including, but not limited to, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
By accessing the Sites and using the Services, you consent to and agree to be bound by these Terms. If we decide to change these Terms or some part of them, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the terms and conditions governing your use of the Sites and Services. Your use of the Sites and Services following your acceptance of any amendment of these Terms will signify your assent to and acceptance of the revised Terms. If you have additional questions or comments of any kind, please let us know by sending your comments or requests to:
1.800.Vending, Inc. dba HealthyYOU Vending
498 North Kays Drive
Kaysville, Utah 84037
Copyright © 2019, 1.800.Vending, Inc. All rights reserved.
Effective Date: February 5, 2019
Last Updated Date: February 5, 2019