Terms and Conditions

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These Terms and Conditions ("Terms") govern your use of NexHealth Vitality's website, including all of its content, features, and services (collectively referred to as the "Website"). Please read these Terms carefully before using the Website. By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website.

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Voluntarily Submitted Information

NexHealth Vitality welcomes comments and feedback from users and customers regarding our services and products. We may use testimonials and/or product reviews, in whole or in part, together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to NexHealth Vitality's services or products, in printed and online media, as NexHealth Vitality determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial and do not necessarily reflect the experience that you and your business may have using our services or products. Your personal results will vary depending upon a variety of factors unique to your business and market forces beyond NexHealth Vitality's control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and non-proprietary, and, by providing them, you grant NexHealth Vitality a royalty-free, worldwide, perpetual, non-exclusive, and irrevocable license to use them. NexHealth Vitality reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials before publication or use. NexHealth Vitality shall be under no obligation to use any, or any part of, any testimonial or product review submitted.

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In the event that you voluntarily provide your mobile phone number through the NexHealth Vitality website, you are consenting to receive automated and/or manual text messages from NexHealth Vitality about its products, services, and upcoming events. You can withdraw your consent by responding to a NexHealth Vitality text message with “STOP” at any time. This is the sole method of withdrawing consent to receiving text messages from NexHealth Vitality that is expressly agreed to by the parties. Standard message and data rates may apply.

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Acceptance of Terms

By accessing or using the Website, you agree to these Terms and enter into a legally binding agreement with NexHealth Vitality. You must be at least 18 years old or have the legal authority to enter into agreements in your jurisdiction. If you are accessing or using the Website on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

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Intellectual Property

All content, logos, trademarks, and other intellectual property on the Website are owned or licensed by NexHealth Vitality and are protected by applicable laws. You may not use, copy, distribute, or modify any of the intellectual property without NexHealth Vitality's prior written consent.

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User Obligations

You agree to use the Website for lawful purposes only and in a manner that does not infringe or restrict the rights of others. You are solely responsible for any content you post, upload, or transmit through the Website. You must not engage in any activities that may interfere with or disrupt the Website or its servers.

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Disclaimer of Warranty

The Website is provided on an "as is" and "as available" basis, without any warranties of any kind, whether express or implied. We do not warrant that the Website will be error-free, uninterrupted, secure, or free from viruses or other harmful components. Your use of the Website is at your own risk.

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Limitation of Liability

To the fullest extent permitted by law, NexHealth Vitality shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Website. This includes any damages resulting from errors, omissions, interruptions, defects, delays, computer viruses, lost data, or unauthorized access to or alteration of your transmissions or content.

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Indemnification

You agree to indemnify and hold NexHealth Vitality harmless from any claims, damages, liabilities, and expenses (including legal fees) arising out of your use of the Website, your violation of these Terms, or your violation of any rights of another person or entity.

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Modification of Terms

NexHealth Vitality reserves the right to modify or update these Terms at any time, without prior notice. Any changes to the Terms will be effective immediately upon posting. Your continued use of the Website after the posting of revised Terms constitutes your acceptance of the changes.

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Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of your local jurisdiction. Any disputes arising out of or relating to these Terms or the use of the Website shall be subject to the exclusive jurisdiction of the courts of your local jurisdiction.

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Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

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No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

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Last updated: [12/16/2024]