WEBSITE SERVICE AGREEMENT/TERMS OF USE


1. ACCEPTANCE OF TERMS The services that Vita Community Services/ Mens Sana provides to User is subject to the following Terms of Use ("TOU"). Vita Community Services/ Mens Sana reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.

2. Changed Terms Vita Community Services/ Mens Sana shall have the right at any time to change or modify the terms and conditions applicable to User's use of rallyforvita.ca, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on rallyforvita.ca, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of rallyforvita.ca by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

3. DESCRIPTION OF SERVICES Through its Web property, Vita Community Services/ Mens Sana provides User with access to a variety of resources, including download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

4. Equipment User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of rallyforvita.ca and all charges related thereto.

5. User Conduct

6. USE OF SERVICES The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:

Vita Community Services/ Mens Sana has no obligation to monitor the Communication Services. However, Vita Community Services/ Mens Sana reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Vita Community Services/ Mens Sana reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Vita Community Services/ Mens Sana reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Vita Community Services/ Mens Sana's sole discretion. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials. Always use caution when giving out any personally identifiable information in any Communication Services. Vita Community Services/ Mens Sana does not control or endorse the content, messages or information found in any Communication Services and, therefore, Vita Community Services/ Mens Sana specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized Vita Community Services/ Mens Sana spokespersons, and their views do not necessarily reflect those of Vita Community Services/ Mens Sana.

7. MEMBER ACCOUNT, PASSWORD, AND SECURITY If any of the Services requires User to open an account, User must complete the registration process by providing Vita Community Services/ Mens Sana with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Vita Community Services/ Mens Sana immediately of any unauthorized use of User’s account or any other breach of security. Vita Community Services/ Mens Sana will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Vita Community Services/ Mens Sana or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.

8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE Any software that is made available to download from the Services ("Software") is the copyrighted work of Vita Community Services/ Mens Sana and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, Vita Community Services/ Mens Sana HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, Vita Community Services/ Mens Sana MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. Vita Community Services/ Mens Sana DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.

9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Vita Community Services/ Mens Sana AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Vita Community Services/ Mens Sana AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Vita Community Services/ Mens Sana AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Vita Community Services/ Mens Sana AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE IN NO EVENT SHALL Vita Community Services/ Mens Sana AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

11. MATERIALS PROVIDED TO Vita Community Services/ Mens Sana OR POSTED AT ANY OF ITS WEBSITES Vita Community Services/ Mens Sana does not claim ownership of the materials User provide to Vita Community Services/ Mens Sana (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User’s Submission User is granting Vita Community Services/ Mens Sana, its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all Vita Community Services/ Mens Sana Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of User’s Submission, as provided herein. Vita Community Services/ Mens Sana is under no obligation to post or use any Submission User may provide and Vita Community Services/ Mens Sana may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions. In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.

12. Disclaimer of Warranty; Limitation of Liability

13. LINKS TO THIRD PARTY SITES THE LINKS IN THIS AREA WILL LET YOU LEAVE Vita Community Services/ Mens Sana's SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Vita Community Services/ Mens Sana AND Vita Community Services/ Mens Sana IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. Vita Community Services/ Mens Sana IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. Vita Community Services/ Mens Sana IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Vita Community Services/ Mens Sana OF THE SITE. Vita Community Services/ Mens Sana is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Vita Community Services/ Mens Sana has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of rallyforvita.ca, are those of the respective author(s) or distributor(s) and not of Vita Community Services/ Mens Sana. Neither Vita Community Services/ Mens Sana nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through rallyforvita.ca represents the opinions and judgments of the respective information provider, User, or other user not under contract with Vita Community Services/ Mens Sana. Vita Community Services/ Mens Sana neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on rallyforvita.ca by anyone other than authorized Vita Community Services/ Mens Sana employee spokespersons while acting in their official capacities. Under no circumstances will Vita Community Services/ Mens Sana be liable for any loss or damage caused by a User's reliance on information obtained through rallyforvita.ca. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Vita Community Services/ Mens Sana. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

14. UNSOLICITED IDEA SUBMISSION POLICY Vita Community Services/ Mens Sana OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN Vita Community Services/ Mens Sana'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO Vita Community Services/ Mens Sana. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO Vita Community Services/ Mens Sana OR ANYONE AT Vita Community Services/ Mens Sana. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT Vita Community Services/ Mens Sana MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

15. Monitoring Vita Community Services/ Mens Sana shall have the right, but not the obligation, to monitor the content of rallyforvita.ca, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Vita Community Services/ Mens Sana and to satisfy any law, regulation or authorized government request. Vita Community Services/ Mens Sana shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on rallyforvita.ca. Without limiting the foregoing, Vita Community Services/ Mens Sana shall have the right to remove any material that Vita Community Services/ Mens Sana, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

16. Indemnification User agrees to defend, indemnify and hold harmless Vita Community Services/ Mens Sana, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Vita Community Services/ Mens Sana by User or User's Account.

17. Termination Either Vita Community Services/ Mens Sana or User may terminate this Agreement at any time. Without limiting the foregoing, Vita Community Services/ Mens Sana shall have the right to immediately terminate User's Account in the event of any conduct by User which Vita Community Services/ Mens Sana, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

18. Miscellaneous This Agreement and any operating rules for rallyforvita.ca established by Vita Community Services/ Mens Sana constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the [STATE/PROVINCE, COUNTRY], without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

19. COPYRIGHT NOTICE Vita Community Services/ Mens Sana its logos are trademarks of Vita Community Services/ Mens Sana Ltd. All rights reserved. All other trademarks appearing on Vita Community Services/ Mens Sana are the property of their respective owners.

20. TRADEMARKS The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.