Terms of Use

Your use of this Website,www.amatalife.com (the “Website”), which is owned and operated by PM Concepts LLC (“PMC,” “Amata Life,” “we,” or “us”),constitutes your acceptance of PMC’s Terms of Use (“Terms of Use” or “Agreement”).This is a legally binding agreement between PMC (as defined below) and you that you are agreeing to enter into by virtue of your use of the Website (as defined below). If you do not accept these Terms of Use, you do not have our authorization to access the Website.

The Website is not intended for anyone under the age of 18.By accepting these Terms of Use, you confirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmation, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use and any applicable laws, statutes, ordinances, rules and regulations, including, without limitation, privacy laws, intellectual property laws, internet and anti-spam laws, and other applicable general business laws or regulatory requirements.

1. The Website Does Not Provide Medical Advice

The contents of the Website, such as text, graphics, images, information obtained from the Website’s licensors and other material (“Content”) contained on the Website 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, dietary supplement, exercise or other health program described on the Website. PMC does not recommend self-management of one’s health care. Reliance on any information provided by or via the Website is solely at your own risk.

Information obtained by using the Website is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. The Content provided on the Website is compiled from numerous sources. PMC 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 the Website. 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 Website. If you think you may have a medical emergency, call your doctor or 911 immediately.

The Website contains health or medically related materials, including information about women’s and men’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 PMC’s Terms of Use and Privacy Policy

Your use of and/or visitation to the Website signifies your agreement to (1) these Terms of Use and (2) PMC’s privacy notice (the “Privacy Policy”), found atwww.amatalife.com, and incorporated herein by reference. If you do not agree to any of these Terms of Use or PMC’s Privacy Policy, please do not use the Website. 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, found at www.amatalife.com. In its sole discretion, PMC may modify or revise these Terms of Use and/or its Privacy Policy at any time, and you agree to be bound by such modifications or revisions. Nothing in these 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 Website – Permissions and Restrictions

PMC hereby grants you permission to access and use the Website as set forth in these Terms of Use, under the following conditions:

You agree to use the Website for lawful purposes only. The Content is protected by copyright and other intellectual property laws under both United States and foreign laws, and contains trademarks and other proprietary information. Title to the Content remains with PMC 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 PMC. All rights not expressly granted herein are reserved to PMC 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.
PMC authorizes you to view or download a single copy of the material made available on the Website solely for your personal, noncommercial use, so long as you do not remove any copyright or other proprietary rights notices 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 PMC. 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 (i) alter or modify any part of the Website or (ii) decompile, disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.
Any special rules for the use of certain software and other items provided on the Website may be included elsewhere within the Website and are incorporated into these Terms of Use by reference.
You agree not to access or use the Website for any commercial use (or otherwise seeking to monetize the Website) without the prior written authorization of PMC. Prohibited commercial uses include, but are not limited to, any of the following actions taken without PMC’s express approval:

posting on or transmitting through the Website any material which contains advertising or any solicitation or “spam” with respect to products or services;
advertising or performing any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services that compete, directly or indirectly, with the Website;
selling of access to the Website or its related services on another web site;
using the Website or its related services for the primary purpose of gaining advertising or subscription revenue; and/or
any use of the Website or its related services that PMC finds, in its sole discretion, to be a use of PMC’s resources or User Submissions to compete with or displace the market for PMC, PMC 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 Website in a manner that sends more request messages to the PMC 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, worm, time bomb, Trojan horse 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 Website. You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website. Notwithstanding the foregoing, PMC grants the operators of public search engines permission to use spiders to copy materials from the Website 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. PMC 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 Website, nor to use the communication systems provided by the Website (e.g., comments, email, etc.) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. Any conduct by you that in PMC’s opinion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
In your use of the Website, you will otherwise comply with these Terms of Use and all applicable local, national, and international laws, statutes, ordinances, rules and regulations. You agree not to post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which (in PMC’s sole discretion) is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, which gives rise to civil liability, or which otherwise violates any law, statute, ordinance, rule or regulation.
You agree not to upload, post or otherwise make available on the Website any material protected by copyright, trademark or other third party proprietary rights, including privacy and publicity rights, without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright or other proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such submission.
You agree not to collect the personally identifiable information of any other user(s) of the Website.
You agree not to impersonate any other person, forge an email address or create a false identity while using the Website or conduct yourself in a vulgar or offensive manner while using the Website. You agree that PMC may reject any User Submissions for any reason, including, but not limited to, vulgarity or other offensive content, which determination shall be at PMC’s sole discretion, or content protected by third party proprietary rights, including but not limited to copyright, trademark or publicity rights.
You agree that PMC, should it accept a User Submission, may include that User Submission on the Website for as long or as short a period of time as PMC, at its sole discretion, chooses. Furthermore, you agree that PMC may edit User Submissions and/or remove User Submissions at any time.
You agree that PMC shall have the right, but not the obligation, to monitor the content of the Website and to remove any material that PMC, in its sole discretion, finds to be in violation of the provisions herein or otherwise objectionable.
PMC reserves the right to discontinue any aspect of the Website at any time.

4. PMC Accounts

In order to access some features of the Website, you may have to create a PMC (Amata Life) account. You may never use another’s account without permission. When creating your account, you must provide true, accurate, current and complete information. PMC reserves the right to refuse or terminate any account for providing untrue or inaccurate information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree not to share your account information, including, without limitation, your account password, with anyone. You must notify PMC immediately of any breach of security or unauthorized use of your account. Although PMC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of PMC or others due to such unauthorized use.The creation of a PMC account is an explicit acceptance by you of these Terms of Use.

5. Electronic Communications

By establishing an account with the Website, you consent to receiving electronic communications from PMC. These communications will include notices about your account and information concerning or related to the Website and/or our services. These communications are part of your relationship with PMC 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. If you have any questions or feedback regarding the Website or your use thereof, you may contact PMC atvitality@amatalife.com.

6. Right to Terminate

PMC reserves the right to terminate or restrict your use of the Website and/or our services, without notice, for any or no reason whatsoever. PMC reserves the right to determine whether a User Submission is appropriate and complies with these Terms of Use. PMC may remove such User Submissions and/or terminate a user’s or member’s access for uploading material in violation of these Terms of Use at any time, without prior notice and at PMC’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 (including other users) on the Website are those of the respective authors or producers and not of PMC, or its shareholders, directors, officers, or employees. Under no circumstances shall PMC, or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Website.

8. Disclaimer of Warranty

Reasonable efforts have been made to ensure the accuracy of information presented on the Website, but the accuracy of this information cannot be guaranteed. The Website, the Content, and any and all services or products promoted via the Website are provided on an “as is” basis. The use of the Website, the Content and any product or service discussed or promoted via the Website is at your sole risk. When using the Website, information will be transmitted over a medium that is beyond the control and jurisdiction of PMC and its suppliers.

YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PMC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE, THE CONTENT AND YOUR USE OF OR INABILITY TO USE THE SAME. NEITHER PMC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, SECURE, RELIABLE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE, OR AS TO THE QUALITY, ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE, PRODUCT, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE WEB SITE. THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY OF DATA, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER PMC, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE OR RESPONSIBLE FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. PMC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED, OR OFFERED BY A THIRD PARTY THROUGH THE PMC WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PMC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. PMC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS THAT GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARDS TO THE CONTENT CONTAINED ON THE WEB SITE HAVE BEEN SATISFIED.

NO ADVICE OR INFORMATION OBTAINED BY YOU FROM OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

9. Limitation on Liability of PMC

If you are dissatisfied with the Website, any information found thereon, or with any of these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue using the Website. PMC assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of the Website.

IN NO EVENT SHALL PMC, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE OR SIMILAR ECONOMIC LOSS, WHETHER TANGIBLE OR INTANGIBLE, ARISING OUT OF OR RESULTING FROM YOUR POSSESSION, ACCESS, DOWNLOAD OR USE OF THE WEB SITE OR THE INFORMATION OR MATERIALS PROVIDED THEREIN, INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING FROM YOUR RELIANCE ON THE CONTENTS OF THE WEB SITE OR ANY AFFILIATED SITES OR PRODUCTS, ERRORS IN THE CONTENT, DATA LOSS OR CORRUPTION, OR SOFTWARE OR HARDWARE DAMAGE, REGARDLESS OF THE BASIS OF SUCH LIABILITY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, BUG, TROJAN HORSE, ROBOT, SPIDER OR THE LIKE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PMC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS WEB SITE IS CONTROLLED AND OFFERED BY PMC FROM ITS OFFICES IN THE UNITED STATES OF AMERICA, AND PMC MAKES NO REPRESENTATIONS THAT THE PMC WEB SITE IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PMC WEB SITE FROM OTHER JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

IF, NOTWITHSTANDING THE PRECEDING PARAGRAPH, PMC, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO YOUR USE OF THIS WEB SITE OR PURCHASE OF ANY PRODUCTS OR SERVICES THROUGH THIS WEB SITE, YOU AGREE THAT THE AGGREGATE LIABILITY OF SUCH PARTIES SHALL IN NO EVENT EXCEED THE LESSER OF (I) THE ACTUAL DAMAGES INCURRED BY YOU, OR (II) U.S. $500.00.

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 Website or any Content must be brought within one (1) year of the date of the event giving rise to such claim. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

With respect to each release of rights by you provided in these Terms of Use: IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR PMC, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You agree to defend, indemnify and hold harmless PMC and its affiliates and their respective directors, officers, members employees, representatives and agents (“Related Parties”) from and against any and all claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and disbursements), known and unknown, asserted against, imposed upon or incurred by PMC or its Related Parties arising out of, resulting from or relating to: (i) your use of the Website and/or any information, services and/or goods purchased or provided via the Website; (ii) your violation of these Terms of Use; (iii) your infringement or violation of any third party right, including but not limited to any copyright, property or privacy right in connection with any User Submission or otherwise; and/or (iv) any claim that any of your User Submissions caused damage to a third party.

The limitations, exclusions and disclaimers contained in this section and elsewhere in these Terms of Use apply to the maximum extent permitted by applicable law. The obligations under this Section will survive these Terms of Use and your use of the Website.

11. Advertisements, Product/Service Promotions and Links to Other Sites

PMC may discuss certain products and/or services of third parties on the Website. In such cases the third-party product and/or service provider will pay PMC a referral fee for purchases made by individuals that are referred to it by PMC. As noted above, PMC 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 Website is at your own risk and is subject to these Terms of Use. Some of the hyperlinks on the Website may lead to other web sites that are not controlled by, or affiliated with, PMC. In addition, other web sites may link to the Website. Unless expressly stated, PMC has not reviewed or endorsed those web sites, has no control over those web sites and is not responsible for the content or privacy policies, or practices of any third party web sites. In addition, PMC will not and cannot censor or edit the content of any third-party web site. By using the Website, you expressly relieve PMC from any and all liability, known and unknown, arising from your use of any third-party web site that you visit through the Website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other web site that you visit.

12. User Submissions and Contributions

Any information you provide to PMC when you “Join Our Community” (or otherwise) is subject to our Privacy Policy. Beyond that information, any e-mail or other communications or content you send to any part of the Website, our Facebook Page, YouTube page, LinkedIn page, Twitter account or any other online source is non-confidential for all purposes. “User Submissions” include all forms of information or material uploaded or communicated in any manner by users to the Website, including product reviews, our Facebook Page, YouTube page, LinkedIn page, Twitter account or any other online source, including, but not limited to, questions, comments, reviews, participation in blogs, or suggestions for new or improved products or services. If you make any such submission, you automatically grant — or warrant that the owner of such content has expressly granted — PMC a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, sublicenseable, and transferable license to use, reproduce, sell, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed. You hereby waive your moral rights in any such User Submissions. PMC may sublicense its rights through multiple tiers of sublicenses. You also hereby grant each user of the Website, our Facebook Page, YouTube page, LinkedIn page, Twitter account or any other online source a non-exclusive license to access your User Submissions through the Website, our Facebook Page, YouTube page, LinkedIn page, Twitter account or any other online source, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website, our Facebook Page, YouTube page, LinkedIn page, Twitter account or any other online source and under these Terms of Use. You understand and agree that PMC may choose to retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize PMC to use all patent, trademark, trade secret, copyright and other intellectual property and proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. All right, title and interest in and to User Submissions, to the extent it does not belong to third parties, will remain with you subject to the licenses you make herein.

PMC does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and PMC expressly disclaims any and all liability in connection with User Submissions. PMC does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and PMC will remove a User Submission if properly notified that such User Submission infringes on another’s intellectual property rights. PMC reserves the right to remove User Submissions without prior notice. You acknowledge that you have no expectation of privacy with respect to User Submissions or other communications made through the Website.

PMC is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any User Submission or other communication you may send to PMC including, without limitation, responses to questionnaires or through postings to the Website, PMC’s Facebook Page, YouTube page, LinkedIn page, Twitter account or any other online source, without compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Website or other web sites.

Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and you are waiving any claim against PMC and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is the same as or substantially similar to the idea you sent.

We reserve the right to reject, remove or edit User Submissions at any time without notice. User Submissions should not be posted that infringe the rights of third parties or contain: (i) harsh, profane, vulgar or discriminatory language; (ii) illegal, obscene, threatening, defamatory or otherwise objectionable content; (iii) URLs, phone numbers, mailing or e-mail addresses, or personal attacks; (iv) misleading information regarding the origin of the content; or (v) a discussion of PMC policies or services. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole discretion, for any reason or no reason. We would appreciate your help in reporting to us any User Submissions that you believe violate the Terms of Use. Please direct the relevant information, including the IP address used to commit the alleged violation and the date and time of the alleged violation (including time zone) tovitality@amatalife.com.

13. Privacy Policy

Your acceptance of these Terms of Use and/or use of the Website constitutes your acceptance of PMC’s Privacy Policy, which is incorporated herein by reference and made a part hereof.

14. Disputes

You expressly agree that any claim or controversy arising out of or related to these Terms of Use, the Website, or the services or products provided on or through the Website shall be settled by binding arbitration to be held in Portland, Maine 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 PMC from seeking any injunctive relief in any court of competent jurisdiction for protection of PMC’s intellectual property rights. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Maine for the enforcement of this arbitration agreement and of any arbitration award in connection with any such dispute including any claim involving PMC 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 Maine, without respect to its conflict of the laws principles. 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 (“Modified Terms”) by PMC at any time in its sole discretion. Such Modified Terms shall be effective immediately upon the posting thereof on the Website. Any access to or use of the Website by you after such posting shall be deemed to constitute your acceptance of such Modified Terms. If you object to the Modified Terms, you may terminate your account and cease your use of the Website.

16. Entire Agreement

These Terms of Use, as modified from time to time by PMC, and including PMC’s Privacy Policy incorporated herein 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

If any arbitrator or any court of competent jurisdiction declares any provision of these Terms of Use to be invalid, unlawful or unenforceable as drafted, the parties intend that such provision be amended and construed in a manner designed to effectuate the purposes of the provision to the fullest extent permitted by law. If such provision cannot be so amended and construed, it shall be severed, and the remaining provisions shall remain unimpaired and in full force and effect to the fullest extent permitted by law.

18. Digital Millennium Copyright Act

It is PMC’s policy to respect the intellectual property rights of others and PMC seeks to comply with all applicable laws, statutes, ordinances, rules and regulations regarding the protection of intellectual property. If you are a copyright owner or an agent thereof and believe that any User Submission or other communication infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit PMC to locate the material;
Information reasonably sufficient to permit PMC to contact you, such as an address, telephone number, and, if available, an e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its/his/her agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

PMC’s designated Copyright Agent to receive notifications of claimed infringement is: Diane Grover, PM Concepts LLC, P.O. Box 199, Yarmouth, Maine 04096, or facsimile no.: 207-846-8953. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to PMC customer service through vitality@amatalife.com. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.

PMC will process any notices of alleged copyright infringement and will take appropriate actions under the DMCA. Upon receipt of notices complying with the DMCA, PMC will act expeditiously to remove or disable access to any User Submission(s) claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to User Submissions or activities that are claimed to be infringing.

If you are the owner or an agent thereof, of material that was removed from the Website or disabled after PMC received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending PMC a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:

Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Portland, Maine, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, PMC may send a copy of the counter-notice to the original complaining party informing that person that PMC may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, and provides PMC with notice of same, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at PMC’s sole discretion.

19. Intellectual Property Notice

All content on the Website, including, without limitation, all newsletters, e-newsletters and other materials distributed via the Website, are owned by PM Concepts LLC, or its licensors, and are protected by U.S. and international copyright, trademark and other intellectual property laws. All rights in and to such content is reserved. Reproduction of any content, in whole or in part, without permission is prohibited.

20. Ability to Accept Terms

You affirm that you are at least 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 Use, and to abide by and comply with these Terms of Use.

21. General

No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and PMC by your use of the Website or otherwise. The provisions of these Terms of Use which by their sense and context are intended to survive the termination of these of Terms of Use or your use of the Website shall so survive and continue to bind the parties, regardless of the reason for termination, including, without limitation, your termination of your PMC account. Without limiting the generality of the foregoing, the parties specifically acknowledge that the following provisions shall so survive: Sections 2, 7, 8, 9, 10, 11, 12, 13, 14, 16, 19 and 21. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you (and any such purported assignment shall be null and void), but may be assigned by PMC without restriction. The section headings used herein are for convenience only and shall not be given any legal import. In resolving any dispute or construing any provision hereunder, there shall be no presumptions made or inferences drawn (i) because the attorneys for one of the parties drafted the agreement; (ii) because of the drafting history of the agreement; or (iii) because of the inclusion of a provision not contained in a prior draft, or the deletion of a provision contained in a prior draft. These Terms of Use are for the benefit of PMC, 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. These Terms of Use, its interpretation, performance or any breach thereof, shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the state of Maine applicable to contracts entered into and wholly to be performed within said state without regard to conflicts of laws.

Updated April 24, 2018