1. Scope.

Vita Imaging, Inc. (“Vita Imaging,” “we,” “us,” or “our”) is providing this website as an information service to the startup community (our “site”). Use of our site and access to the material it contains is subject to these terms of use (the “terms”) and applicable laws. Your access to and browsing of our site constitutes your full acceptance of these terms. If you do not agree to abide by these terms then please don’t use our site. All material on this site is information of a general nature and does not address the circumstances of any particular individual or entity. Our site is directed at users within the United States and persons of at least 18 years of age; if you are neither, then we recommend you not use the site.

If you’ve read this far then good for you! We’re going to make this easier to understand than most terms. We’re a rules-based society. There are rules for board games, rules for sports, rules on the road (don’t text and drive!), rules for which bin to place your empty coffee cup. You get the idea. The same applies here. If you’re using the site, there are some rules. Rules about what you can and cannot do with our content and information, rules about what to rely on or not, and rules about what you can send us and what you shouldn’t.

2. Exclusions.

Wisdom is not taking advice on the web as a substitute for the advice of a professional when you need one. No action should be taken or omitted to be taken in reliance upon information on this site. Nothing on this site constitutes or forms a part of any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities, nor should it or any part of it form the basis of, or be relied upon in any connection with any contract or commitment whatsoever. Nothing in this site constitutes professional, tax, or financial advice, nor does any information on this site constitute a comprehensive statement of the matters discussed or the law relating to those matters. Phew! Glad we got that out of the way up front.

3. Info you send to us.

If you’re involved in or joining the startup ecosystem, we’d like to hear from you. Please know, however, that Vita Imaging cannot and does not accept any obligations of confidentiality or any fiduciary duty with respect to any information sent to Vita Imaging or its affiliates through this site or otherwise (including any unsolicited business plans). Great minds think alike and, in this business, ideas are a dime a dozen. For that reason, it’s possible that Vita Imaging will receive a number of similar plans and ideas. You understand that your idea may have previously been submitted to Vita Imaging and may be under our consideration. In no event will Vita Imaging be limited or restricted from pursuing any opportunities with others.
If you have confidential information or trade secret information and you’re ready to click “submit” on any part of this site- wait! Please do not send any information to Vita Imaging that constitutes a trade secret or is confidential or proprietary. We cannot agree to obligations of confidentiality or non-disclosure as to any information that you submit to us or submit through this site. By submitting information or materials to Vita Imaging, you and anyone acting on your behalf, agree that any such information or materials will not be considered confidential or proprietary. You understand that: (a) Vita Imaging is not obligated to review any information or materials sent to it, (b) Vita Imaging reserves the right to reject information or materials in its sole discretion, and (c) Vita Imaging is and will be under no obligation to return any information or materials to you.

4. Feedback.

We like feedback; it helps us grow but it needs to be something we can manage. Vita Imaging will treat any feedback, suggestions or other submissions (“Feedback”) that you provide to us as non-confidential and non-proprietary. Please think before you click “submit” because once we get it, then it’s ours. You agree that by using our site you will not submit Feedback that you believe is or contains confidential or proprietary information. Vita Imaging will be entitled to use your Feedback for any commercial \or other purpose whatsoever without paying any compensation to you and without any credit or remuneration to you.

5. Site content.

You use websites so you know that by using our site, we’re not giving you any ownership in our site or the content or information made available through our site. All material, including all information, text, photographs, videos, audio files, graphics, and all other content contained on this site (collectively, “site content”) is owned by Vita Imaging and its licensors. Copyright and other proprietary notices on any site content cannot be removed. Vita Imaging reserves the right, at any time, to modify the site content or to modify, suspend, or discontinue this site or any part of it with or without notice. We’re not responsible to you or any third party for any modification or removal of any site content. Other than as necessary for the purpose of viewing the site it is strictly forbidden to copy any site content for commercial use or to republish all or any portion of site content. Any unauthorized reproduction, modification, distribution, or performance of any site content is strictly prohibited. You knew that already, though.

6. Our IP.

If you’re a startup, you also know how important intellectual property (IP) can be. We like our IP and it’s our property. In these terms, “IP” means things like our copyrights, our trademarks, including those of our affiliates, and the site content. All rights, including all IP in the site and all site content are owned and reserved by Vita Imaging and its licensors. Our trademarks, names and logos, including those of our affiliates, are our property. You know what logos are? Every time you drive by a fast food chain or walk into a department store to pick up a new pair of kicks, you see a logo. Trademarks and logos used in connection with the site are the trademarks of their respective owners so don’t use them unless you have specific written permission in advance, and even with that, you have to comply with branding guidelines.

7. Links to third party sites.

There’s a wealth of internet knowledge out there and this site might contain links to other websites. It’s not 1997 so this shouldn’t come as a huge surprise but in case it does, we want you to know that access to any other Internet site linked to this site is at your own risk, and Vita Imaging is not responsible for the accuracy or reliability of any information, data, opinions, advice, statements or other content on these sites. Vita Imaging provides links to third party sites merely as a convenience and the inclusion of links does not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites. When you click links to third party websites from our site, you understand that you will be leaving this site. These links take you to publicly available sites which are not within our control. Vita Imaging and its affiliates are not responsible for the content of such third-party sites or that those sites are free of viruses, contamination or contain accurate, complete or compliant information. Browser beware!

8. Local Limitations.

The world is a big place and we don’t know where you are. There are legal requirements in various countries and jurisdictions that may restrict the information that Vita Imaging can lawfully provide a user. Persons into whose possession the information in this site comes should inform themselves about those requirements and observe any restrictions imposed in the place in which the site is accessed.

9. Do’s and Don’ts.

For the “Do’s,” it’s very simple: if you complete any form on our site, provide accurate, current and truthful information about yourself; and please comply with these terms and the law when using our site. For the “Don’ts,” there’s a bit more to it: don’t: give us untruthful or inaccurate information, violate these terms, misuse the site or the site content, attack or interfere with the operation of the site, or post anything with viruses or harmful code. We reserve the right to terminate or block a user’s access to this site if they engage in any of the “Don’ts.” We’d like to avoid having to do that so please don’t do a “don’t!”

10. Mailings.

We’re confident that you’re smart enough to avoid signing up for marketing that you don’t want. But just in case you’re streaming and chilling while browsing our site, we want to remind you that if you submit our contact form and give us any of your contact details, we’re going to take that as demonstrated interest by you in our totally awesome newsletter and related marketing outreach. That means that when you submit your contact information through our site, you are authorizing Vita Imaging and its affiliates to use and disclose this information, including for the purposes of sending periodic mailings to you about Vita Imaging services, offerings and news.

11. Disclaimer.

You might be wondering why the screaming in all caps here. Because disclaimers are important. Look at it this way: when you buy a toaster, it’s going to toast your bread, that’s it. It’s not going to make you a cappuccino, fry an egg and clean your kitchen. That would be great if it did but it’s not. The toaster maker disclaims that the toaster cannot be used for anything other than toasting sliced bread. 
Similarly, we provide this site for general informational purposes only. That’s it. We can’t guarantee that our site doesn’t contain any errors, viruses, inaccuracies or infringing material. We’d like to be perfect at site management but we’re too busy helping amazing entrepreneurs create the future. Regrets in advance for screaming: THIS SITE AND THE SITE CONTENT ARE MADE AVAILABLE “AS IS”. NEITHER VITA IMAGING NOR ANY OF ITS AFFILIATES ARE PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THIS SITE OR THE SITE CONTENT. VITA IMAGING AND ITS AFFILIATES DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND REGARDING THIS SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ANTI-VIRUS. VITA IMAGING AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE SITE CONTENT AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE SITE CONTENT OR OTHER INFORMATION AT OR THROUGH THIS SITE.

12. No liability.

It’s not realistic for us to be liable to people who visit our site or send us their information through this site. Here is where we make it clear. Under no circumstances will Vita Imaging or its affiliates be liable for any indirect, consequential, incidental, special, punitive, or exemplary damages, or for any damages associated with any lost profits, loss of business opportunity or loss of data, incurred by you in connection with this site or your use of this site or arising out of any use of or inability to use the site, regardless of whether Vita Imaging or its affiliates have been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise. 
If anything goes wrong on our end, the most we’re going to pay is the cost of a light lunch (at any place other than a five star hotel). In formal-speak, that would read: our total aggregate liability for direct damages related to these terms, this site, or the site content, whether in contract, tort, or otherwise, will not exceed fifty dollars ($50). 
Some jurisdictions do not allow the above limitation or exclusion of liability. In that case, some of the above limitations may not apply to you.

13. Amendment.

Business needs change and because of that, we may revise these terms at any time by updating the content at this link. By using our site you agree to be bound by these revisions. If you are interested in updates to the terms, then please visit this page often. Certain parts of these terms may be superseded by legal notices or terms on other pages of this site.

14. Notices.

This site is provided to you by Vita Imaging, Inc. which may be contacted at: 90 Great Oaks Blvd, Suite 206, San Jose, CA 95119 or info@vita-imaging.com. If you’re a user in California, you have a right to know that the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by phone at (916) 445-1254 or (800) 952-5210.

15. General.

This is where we put statements that few care to read but we need to include or our lawyers won’t be happy with us. If any part of these terms are, for any reason, held to be invalid or unenforceable (this is where a judge takes a red pen to these terms), the other parts of these terms will remain intact and the invalid part will be deemed modified so that it is valid to the maximum extent of the law. These terms and any action related to these terms will be governed by and under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different state. (That means, if you’re not in California then we will not be using your home state law.) By using our site, you consent to the personal jurisdiction and venue in the state and federal courts for the county in which Vita Imaging’s principal place of business is located for any lawsuit related to these terms. If we need to send notices to you, we will do so to the contact information you provided to us. Nothing in these terms or through the use of this site will create any employment, joint venture, partnership, agency, franchise or similar relationship between you and Vita Imaging or any of its affiliates. Where allowed by law, the English language version of these terms controls. These terms, together with our privacy policy, are the sole terms and conditions pertaining to use of the site.

Last updated: May 21, 2020