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Terms of Use

Terms of Use

These terms and conditions (the Terms of Service) govern your access to and use of APTER ENTERPRISES LLC’s (VISTA HEAL) website- VISTAHEAL.com (Service). By accessing or using contract with APTER ENTERPRISES LLC, you are agreeing to these Terms of Service and concluding a legally binding contract with APTER ENTERPRISES LLC. Do not access or use the Service if you are unwilling or unable to be bound by the Terms of Service.

  1. Definitions.
    1. Parties. You and your refer to you, as a user of the Service. A user is someone who accesses, browses, crawls, scrapes, or in any way uses the Service. We, us and our refer to APTER ENTERPRISES LLC.
    2. Content.
      1. Content means text, images, photos, audio, video, location data, and all other forms of data or communication.
      2. Your Content means content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display in your account profile.
      3. User Content means content that users submit or transmit to, through, or in connection with the Service.
      4. APTER ENTERPRISES LLC Content means content that we create and make available in connection with the Service.
      5. Third Party Content means content that is created and made available by a third party in connection with the Service.
      6. Site Content means all of the content that is made available in connection with the Service, including Your Content, User Content, APTER ENTERPRISES LLC Content, and Third Party Content.
  1. Changes to Terms of Service. We may modify the Terms of Service from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of the page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Such modification will be effective upon our posting of new Terms of Service. You understand and agree that your continued access to or use of the Service after any posted modification to the Terms of Service indicates your acceptance of the modification.

 

  1. Translation. We may translate these Terms of Service into other languages for your convenience. Nevertheless, the English version governs your relationship with APTER ENTERPRISES LLC, and any inconsistencies among the different version will be resolved in favor of the English version.
  2. Use of the Service.
    1. Eligibility. To access or use the Service, you must be eighteen (18) years of age or older and have the requisite power and authority to enter into these Terms of Service. You may not access or use the Service if we have previously banned you from the Service or closed your account.
    2. Permission to Use the Service. We grant you permission to use the Service subject to the restrictions in these Terms of Service. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
    3. Site availability. The Service may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.
    4. User accounts. You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your account password. You are responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any reason.
    5. A Personal Account is an account for you personal, non-commercial use only. In creating a Personal Account we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Service. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Personal Accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information on other sites, or allow other sites to share information about you with APTER ENTERPRISES LLC.
    6. Communications from APTER ENTERPRISES LLC and other Users. By creating an account, you agree to receive certain communications in connection with the Service. For example, you might receive an email from APTER ENTERPRISES LLC or other Users.
  1. Content.
    1. Responsibility for Your Content. You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks, associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, of have the necessary permission to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Apter Enterprises LLC. Apter Enterprises LLC will not be liable for any claims arising from Your Content. You may expose yourself to liability if, for example, Your Content contains material that is:
      1. false, intentionally misleading, or defamatory;
      2. violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
      3. contains material that is unlawful, including illegal hate speech or pornography;
      4. exploits or otherwise harms minors;
      5. violates or advocates violation of any law or regulation.
    2. Our Right to Use Your Content. We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (Other Media). As such, you hereby grant us world-wide, non-exclusive, royalty free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against APTER ENTERPRISES LLC and its users any claims and assertions of moral rights or attribution with respect to Your Content. By use we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
    3. Ownership. As between you and APTER ENTERPRISES LLC, you own Your Content. We own the APTER ENTERPRISES LLC Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding Your Content, User Content, and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the IP Rights) associated with the APTER ENTERPRISES LLC Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and law. As such, you may not modify, reproduce, distribute, create derivative works or adaptations, publicly display, or exploit any of the APTER ENTERPRISES LLC Content in whole or in part except as expressly authorized by use. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the APTER ENTERPRISES LLC Content are retained by us.
    4. Advertising. APTER ENTERPRISES LLC and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.
    5. Content Retention and Confidentiality. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
    6. Other. We reserve the right to remove, screen, edit, or reinstate User content from time to time at our sole discretion and without notice to you. For example, we may remove a review if we believe that it violates our Content guidelines.

 

  1. Restrictions. We are under no obligation to enforce the Terms of Service on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms of Service, we reserve the right to investigate and take appropriate action at our sole discretion.
    1. You agree not to, and will not assist or enable others to use the Service to:
      1. Violate our Content guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or writing a review that you were paid for either directly or indirectly by the business being reviewed;
      2. Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
      3. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
      4. Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except in connection with a Business Account and as expressly permitted by APTER ENTERPRISES LLC;
      5. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results or any third party website;
      6. Solicit personal information from minors, or submit or transmit pornography;
      7. Violate any applicable law;
      8. Violate the Terms of Service;
      9. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Site Content (other than Your Content), except as expressly authorized by APTER ENTERPRISES LLC;
      10. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service of any Site Content;
      11. Reverse engineer any portion of the Service;
      12. Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
      13. Record, process, or mine information about other users;
      14. Reformat or frame any portion of the Service;
      15. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on APTER ENTERPRISES LLC’s technology infrastructure or otherwise make excessive traffic demands on the Service;
      16. Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining, or any other means;
      17. Use the Service of any Site Content to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature (collectively, Viruses);
      18. Use any device, software, or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
      19. Use the Service to violate the security of any computer network, crack passwords or security encryption codes, disrupt or interfere with the security of or otherwise cause harm to the Service or Site Content; or
      20. Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Service.

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