Thank you for your interest in Vital Edge Marketing LLC ("we," "us," "our") and our website at www.vitaledgedigital.com, along with our related websites, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively referred to as “services”). These Terms of Service are a legally binding contract between you and Vital Edge Marketing LLC regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING VITAL EDGE MARKETING PRIVACY POLICY AND OTHER POLICIES REFERENCED BELOW (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND VITAL EDGE MARKETING PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY VITAL EDGE MARKETING AND BY YOU TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE: Except for certain kinds of disputes described in Section 14, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Vital Edge Marketing LLC is a digital marketing company that provides a range of services to businesses ("Clients") in exchange for fees. Our services include, but are not limited to, digital marketing strategy, online advertising, social media management, content creation, and other related services. We do not guarantee specific business outcomes or financial results.
You must be at least 18 years old or the legal age of majority in your jurisdiction to enter into binding agreements and use the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old or otherwise legally authorized to act on behalf of a business entity; (b) you have not previously been suspended or removed from the Service; (c) you will use the Services solely for legitimate business purposes and in compliance with these Terms; and (d) your registration and use of the Service comply with all applicable laws and regulations.
Access to Vital Edge Marketing’s services, including subscription plans, packages, and individual marketing services, may be subject to limitations based on technical or operational factors. We do not guarantee uninterrupted or error-free access to our services. Periodic downtime may occur for maintenance, updates, or other reasons. Vital Edge Marketing is not liable for service interruptions caused by technical issues, third-party actions, or circumstances beyond our control.
To access most features of Vital Edge Marketing’s services, you must register for an account. Each user is limited to a single account. When registering, you may be required to provide certain information such as your name, email address, business contact details, and/or link relevant external accounts, platforms, or digital wallets (collectively, “Linked Accounts”). You agree that the information you provide is accurate, complete, and not misleading, and you will keep it updated at all times. You further confirm that all Linked Accounts are your own, that you have the necessary rights to link them, and you authorize us to maintain these Linked Accounts as part of your account.
When you register, you will create a password. You are solely responsible for maintaining the confidentiality of your account credentials and accept full responsibility for all activities conducted under your account. Vital Edge Marketing is not liable for any losses or damages resulting from unauthorized access to your account. You may not share your account credentials or allow access by unauthorized individuals. If you believe your account has been compromised, please notify us immediately at support@vitaledgedigital.com.
Account Accuracy: You are required to maintain accurate and current account information. If we determine that any information is outdated, false, or incomplete, we reserve the right to suspend or terminate your account, report suspected fraudulent activity to appropriate authorities, or pursue legal and financial remedies in cases of intentional misinformation.
We may request additional verification documents to confirm your information’s accuracy. Such verification does not imply sponsorship, endorsement, or approval by Vital Edge Marketing.
Certain features of the Service, including the purchase of subscription plans, packages, and individual marketing services, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are denominated in U.S. dollars and are non-refundable unless otherwise specifically provided for in these Terms.
Price: Vital Edge Marketing LLC (“Vital Edge Marketing”) reserves the right to determine pricing for the Service and any fees it may charge on transactions conducted through the Service. Pricing is not published on the website and is only provided during direct communications with clients. Clients must call or schedule a consultation to discuss available packages and pricing. Vital Edge Marketing may change fees at any time, including adding additional fees or charges, without advanced notice. Vital Edge Marketing, at its sole discretion, may make promotional offers with different pricing or features to any customers. These promotional offers, unless made to you directly, will not apply to your agreement or these Terms. Previous offers or discounts are void once removed from any client communications or proposals. We reserve the right to modify billing methods at any time, including adding administrative or supplemental charges.
Authorization: You authorize Vital Edge Marketing to charge all sums for the orders you make and any Service level you select as described in these Terms or published by Vital Edge Marketing, including all applicable taxes, to the payment method specified by you. If you pay any fees with a credit card, debit card, or ACH bank transfer, Vital Edge Marketing may seek pre-authorization of your payment method prior to purchase to verify it is valid and has sufficient funds or credit. If you save a payment method (credit/debit cards or ACH bank accounts) with your account, you authorize us to save and use it for payment of fees related to your purchases or Services. You are responsible for ensuring all fees and charges related to your account are paid promptly. Payments must comply with your payment provider’s terms. Additional fees or penalties from your payment provider are your responsibility.
Sales, Use, and Similar Taxes: In some instances, Vital Edge Marketing may have an obligation to add sales, use, or other taxes to the purchase price of Products. In such cases, Vital Edge Marketing will list the appropriate taxes, charge and collect them as part of the transaction, and remit them to the applicable taxing authority.
Subscription Service: The Service may include subscription-based Products or services that result in automatically recurring payments for periodic charges (“Subscription Products” and such charges, the “Subscription Fee”). The “Subscription Billing Date” is the date you purchase your first subscription. Your access begins on that date and continues for the subscription period specified at purchase (the “Initial Subscription Period”). Some subscriptions may automatically renew for additional periods of the same duration (each a “Subscription Period”) unless you cancel or we terminate the subscription.
If you activate a Subscription Product, you authorize Vital Edge Marketing or its third-party payment processors to save, store, or maintain your payment method and periodically charge it going forward until cancellation. If you use ACH as your payment method, you authorize electronic debits from your bank account for all fees and charges. It is your responsibility to ensure sufficient funds are available on payment due dates to avoid penalties or interruptions.
Your account will be charged automatically on the Subscription Billing Date and on each renewal date for applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Product before it renews to avoid being charged for the next period. Vital Edge Marketing or its third-party payment processor will bill the periodic Subscription Fee to the payment method on file. You may cancel by following the cancellation steps in the product description or by contacting us at support@vitaledgedigital.com. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE TO AVOID CHARGE FOR THE NEXT PERIOD.
Refund Policy: All sales are final. Packages and services are non-refundable unless otherwise stated in specific promotional terms. Refund requests are reviewed case-by-case and approved at our sole discretion. Refunds may not be provided if a chargeback is initiated.
Delinquent Accounts: Vital Edge Marketing may suspend or terminate access to the Service or any Product for accounts with unpaid balances. Delinquent accounts may incur fees related to collection or chargebacks. If your payment method is no longer valid at renewal, Vital Edge Marketing reserves the right to delete your account and any associated information without liability.
Billing Errors: If you believe a billing error occurred, notify our billing provider within 30 days. Failure to do so means the charge is final.
Chargebacks: Initiating a chargeback without contacting Vital Edge Marketing first may result in account termination and loss of access.
Fraudulent Use of Payment Information: Fraudulent payment information results in account termination and reporting to authorities.
Use of Third-Party Payment Processing: We use third-party processors to secure transactions. You agree to their terms. Vital Edge Marketing is not responsible for third-party disputes.
Security Measures: Vital Edge Marketing and its processors use industry-standard encryption and security. Users assume all risks of online transactions, including malware, viruses, or data loss.
When you install our app or any of our affiliates’ apps on your mobile device, you agree to receive push notifications, which are messages that an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page.
Email: We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
SMS: We may send you SMS messages concerning our products and services, as well as those of third parties. You may opt out of SMS messages by following the unsubscribe instructions in the promotional SMS message itself.
Changes to Contact Information: It is your responsibility to keep your email address and contact details current to ensure you receive important communications. Users must promptly notify Vital Edge Marketing LLC of any changes to their contact information to avoid missed notices or account disruptions.
Notices Regarding this Agreement: Vital Edge Marketing LLC may deliver notices related to this Agreement using (a) the email address associated with your account, (b) certified mail, courier, or other reliable delivery methods, or (c) notifications posted directly on the Vital Edge Marketing LLC website or app. Users are responsible for keeping their contact information current to receive such notifications. Notices sent by email are deemed received once they are delivered to your inbox. Notices sent via mail or courier are considered received upon confirmation of delivery.
The information and materials provided through Vital Edge Marketing LLC, including marketing subscription plans, packages, and individual services, are considered proprietary and confidential. Users agree not to share, sell, or transfer any confidential information obtained through Vital Edge Marketing LLC to third parties. All materials are protected under trade secret laws, and unauthorized disclosure may result in legal penalties.
While we prioritize data security, users should be aware that:
Communications sent to or through Vital Edge Marketing LLC may be accessible to other users or our agents.
Messages entered on public forums or transmitted through the platform are not guaranteed to be private or secure.
Limited Liability for Unauthorized Access: We are not responsible for the unauthorized interception or misuse of communications transmitted through Vital Edge Marketing LLC. Users should exercise caution when sharing sensitive information.
Vital Edge Marketing LLC and all associated content, including but not limited to logos, trademarks, service marks, graphics, and text, are the exclusive property of Vital Edge Marketing LLC or its licensors. These assets are protected under copyright, trademark, and other applicable intellectual property laws.
You may not:
Use any Vital Edge Marketing LLC trademarks, logos, or branding without prior written authorization.
Reproduce, distribute, modify, or create derivative works from any materials on Vital Edge Marketing LLC without explicit consent.
Remove or alter any copyright or proprietary notices included in the materials.
Enforcement of Rights: We aggressively enforce our intellectual property rights. Unauthorized use of any Vital Edge Marketing LLC intellectual property may result in legal action, including claims for damages and injunctive relief.
Third-Party Intellectual Property: Any trademarks, logos, or content belonging to third parties remain the property of their respective owners. Use of such materials is subject to the terms and permissions granted by those third parties.
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately upon being published to Vital Edge Marketing LLC. The date of the most recent update will be indicated at the top of this Agreement. Users are responsible for reviewing updates and agree to the revised terms by continuing to use the platform. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Service. Should you fail to review changes, you waive any right to dispute the updated Terms due to lack of knowledge. Except as expressly permitted in this Section 9, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 10.2.
Termination: If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Vital Edge Marketing LLC may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by contacting customer service at contact@vitaledgemarketing.com.
Effect of Termination: Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Vital Edge Marketing LLC any unpaid amount that was due prior to termination; (d) you may lose access to certain Products managed by Vital Edge Marketing LLC; and (e) all payment obligations accrued prior to termination and Sections 5, 7, 8, 10.3, 11, 12, 13, 14, and 15 will survive. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address, or other forms of account verification.
Modification of the Service: Vital Edge Marketing LLC reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you for any reason, including but not limited to (a) breaches of this agreement, (b) changes in legal or regulatory requirements, or (c) operational disruptions or emergencies. Vital Edge Marketing LLC will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service.
Force Majeure: Vital Edge Marketing LLC is not liable for delays or failures in performance caused by events beyond our reasonable control, including but not limited to natural disasters, strikes, or technical failures.
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Vital Edge Marketing LLC, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Vital Edge Marketing Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service or any Product; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute regarding any Product. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. VITAL EDGE MARKETING LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. VITAL EDGE MARKETING LLC DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND VITAL EDGE MARKETING LLC DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VITAL EDGE MARKETING LLC ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE VITAL EDGE MARKETING LLC ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 12 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. VITAL EDGE MARKETING LLC MAKES NO GUARANTEE THAT THE INFORMATION PROVIDED WILL BE ACCURATE, RELIABLE OR UP-TO-DATE. VITAL EDGE MARKETING LLC MAKES NO GUARANTEE THAT THE PLATFORM WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. VITAL EDGE MARKETING LLC DOES NOT GUARANTEE ANY SPECIFIC OUTCOMES OR RESULTS FROM USING ITS SERVICES. PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS. VITAL EDGE MARKETING LLC DOES NOT GUARANTEE FINANCIAL RESULTS. THE OPINIONS AND INSIGHTS ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE FINANCIAL, LEGAL, OR PROFESSIONAL ADVICE. VITAL EDGE MARKETING LLC does not disclaim any warranty or other right that VITAL EDGE MARKETING LLC is prohibited from disclaiming under applicable law.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE VITAL EDGE MARKETING LLC ENTITIES, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY VITAL EDGE MARKETING LLC ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. EXCEPT AS PROVIDED IN SECTIONS 14.4 AND 14.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE VITAL EDGE MARKETING LLC ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO VITAL EDGE MARKETING LLC FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (B) US$100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 13 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU AND VITAL EDGE MARKETING LLC AGREE THAT YOU MUST INITIATE ANY PROCEEDING OR ACTION WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE THAT IS ARISING OUT OF OR RELATED TO THESE TERMS. OTHERWISE, YOU FOREVER WAIVE THE RIGHT TO PURSUE ANY CLAIM OR CAUSE OF ACTION, OF ANY KIND OR CHARACTER, BASED ON SUCH EVENTS OR FACTS, AND SUCH CLAIM(S) OR CAUSE(S) OF ACTION ARE PERMANENTLY BARRED.
You release Vital Edge Marketing LLC from all claims related to:
Technical failures, including loss of access to the platform.
Unauthorized access to your account or data.
Use of third-party links or services.
You agree that you are solely responsible for your use of Vital Edge Marketing LLC’s services and assume all risks associated with reliance on the information provided.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND VITAL EDGE MARKETING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Arbitration: You and Vital Edge Marketing agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
Exceptions: Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator: This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Vital Edge Marketing.
Commencing Arbitration: Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Vital Edge Marketing address for Notice is: Vital Edge Marketing, 5360 Broadview Rd Cleveland, OH 44134 United States. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Vital Edge Marketing may commence an arbitration proceeding. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.
Arbitration Proceedings: Any arbitration hearing will take place exclusively in Cuyahoga County, Ohio unless we agree in writing otherwise. During the arbitration, the amount of any settlement offer made by you or Vital Edge Marketing must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
Arbitration Relief: Except as provided in Section 14.7, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
No Class Actions: YOU AND VITAL EDGE MARKETING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Vital Edge Marketing agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision: If Vital Edge Marketing makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Vital Edge Marketing address for Notice of Arbitration, in which case your account with Vital Edge Marketing will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
Enforceability: If Section 14.7 or the entirety of this Section 14 is found to be unenforceable, then the entirety of this Section 14 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 15.2 will govern any action arising out of or related to these Terms.
General Terms: These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Vital Edge Marketing regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights and obligations granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Governing Law: These Terms and any action related thereto will be governed by the laws of the State of Ohio without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action in relation to these Terms will be the state and federal courts located in Franklin County, Ohio, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Governing Language: These Terms have been written in English, and the parties agree that the English language version shall govern. Any translations provided are for convenience only.
Injunctive Relief: Vital Edge Marketing may seek injunctive relief in a court of competent jurisdiction for any violation of this Agreement, in addition to any other remedies available.
Maximum Liability: The maximum aggregate liability of Vital Edge Marketing to you for any claims arising out of or relating to these Terms, whether in contract, tort, or otherwise, shall not exceed the greater of $100 or the amount you paid to us in the twelve (12) months preceding the claim.
Reimbursement for Legal Expenses: If Vital Edge Marketing is required to engage legal counsel or pursue enforcement actions due to your breach of these Terms, you agree to reimburse all associated costs, including attorney fees, court fees, and other legal expenses.
Privacy Policy: Please read the Vital Edge Marketing Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Vital Edge Marketing Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
Additional Terms: Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). The purchase or sale of certain Products may also require Additional Terms. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
Consent to Electronic Communications: By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
Contact Information: The Service is offered by Vital Edge Marketing, located at 5360 Broadview Rd Cleveland, OH 44134 United States. You may contact us by sending correspondence to that address or by emailing us at support@vitaledgedigital.com.
Notice to California Residents:
If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
No Support: We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
No Obligation to Provide Export or Download of Information or Data: Vital Edge Marketing may allow you to access, via functionality provided by the Service, certain information or data relating to your use of the Service, but you acknowledge that such access is provided in Vital Edge Marketing’s sole discretion, and Vital Edge Marketing has no obligation to make any information or data available to you for export or download.
User Obligations: Users are solely responsible for understanding and adhering to all laws and regulations applicable to their location regarding online content and marketing activities.
Prohibited Use: Users must not access Vital Edge Marketing if doing so violates local, state, or federal laws.
Consultation with Legal Authorities: We recommend consulting legal professionals to determine the legality of online marketing or related activities in your jurisdiction before engaging with the platform.
Entertainment Purposes Only: Vital Edge Marketing is created for informational and entertainment purposes. All users acknowledge that the information provided is subject to individual interpretation and must not be relied upon for professional, legal, or financial advice. Users agree to hold Vital Edge Marketing harmless from claims arising from their use of the platform for purposes other than those explicitly permitted.
Entire Agreement: These Terms, along with any referenced policies, constitute the entire understanding between you and Vital Edge Marketing. It supersedes any prior agreements, representations, or understandings related to the subject matter herein.
Export Control: Users agree to comply with all export control laws and regulations. Vital Edge Marketing content and services may not be used in or transferred to jurisdictions where such activities are prohibited.
Waivers: Failure by Vital Edge Marketing to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future.
No Agency Relationship: Nothing in these Terms creates a partnership, joint venture, or agency relationship between you and Vital Edge Marketing. Both parties remain independent entities.
Survival of Terms: Provisions related to intellectual property, confidentiality, disclaimers, indemnifications, and limitations of liability will survive termination of this Agreement.
© Vital Edge Marketing (2025) ALL RIGHTS RESERVED
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