Terms of Service

Last Updated:

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and VitaSpark ("we," "our," or "us") regarding your access to and use of the website expelelbow.world and any related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

2. Company Information

Company Name: VitaSpark

Address: 17806 Frontage Rd Suite 300, San Antonio, TX 78257, United States

Phone: +18775995242

Email: office@expelelbow.world

3. Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that:

  • You are at least 18 years of age
  • You have the legal capacity to enter into these Terms
  • You will comply with these Terms and all applicable laws and regulations
  • All information you provide is accurate, current, and complete

If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

4. Services Description

VitaSpark provides general lifestyle information and resources related to maintaining energy through daily actions. Our Services include:

  • Educational content about lifestyle habits and energy maintenance
  • Articles, guides, and tips for daily well-being
  • Community resources and support
  • Contact and inquiry services

Important Disclaimer: Our Services provide general lifestyle information only and do not constitute professional, medical, or therapeutic advice. You should not rely on our content as a substitute for professional consultation. Always seek the guidance of qualified healthcare providers with any questions about your health or well-being.

5. User Accounts

Currently, our Services do not require user account registration. If we introduce account features in the future, you will be responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access
  • Ensuring your account information is accurate and up-to-date

6. Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Violate any applicable laws, regulations, or third-party rights
  • Use our Services for any fraudulent or malicious purpose
  • Transmit any viruses, malware, or other harmful code
  • Attempt to gain unauthorized access to our systems or networks
  • Interfere with or disrupt the operation of our Services
  • Collect or harvest information about other users
  • Impersonate any person or entity
  • Use automated systems (bots, scrapers) without our permission
  • Engage in any activity that could damage our reputation
  • Reverse engineer or attempt to extract source code

7. Intellectual Property Rights

7.1 Our Content

All content on our website, including text, graphics, logos, images, videos, software, and other materials (collectively, "Content"), is owned by or licensed to VitaSpark and is protected by copyright, trademark, and other intellectual property laws.

You may not:

  • Copy, modify, distribute, or reproduce our Content without permission
  • Use our Content for commercial purposes without authorization
  • Remove or alter any copyright, trademark, or proprietary notices
  • Create derivative works based on our Content

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes, subject to these Terms.

7.3 Trademarks

VitaSpark and our logo are trademarks of VitaSpark. You may not use our trademarks without our prior written consent.

7.4 User Content

If you submit any content to us (e.g., through contact forms, comments, or feedback), you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and distribute that content for any purpose related to our Services.

8. Third-Party Links and Services

Our Services may contain links to third-party websites, services, or resources. We do not endorse and are not responsible for:

  • The content, accuracy, or opinions expressed on third-party sites
  • The privacy practices of third-party sites
  • Any damages or losses caused by third-party services

Your use of third-party services is at your own risk and subject to their terms and conditions.

9. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability, fitness for a particular purpose, or non-infringement
  • Warranties that our Services will be uninterrupted, error-free, or secure
  • Warranties regarding the accuracy, reliability, or completeness of content

WE DO NOT WARRANT THAT:

  • Our Services will meet your requirements or expectations
  • Any errors or defects will be corrected
  • Our Services are free from viruses or harmful components

Medical Disclaimer: The information provided through our Services is for general informational purposes only and is not intended as medical, health, or professional advice. We make no representations or warranties about the suitability of the information for any particular purpose. You should consult qualified healthcare professionals before making any health-related decisions.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VITASPARK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or use
  • Personal injury or property damage
  • Any damages arising from your use of or inability to use our Services
  • Any damages arising from reliance on information provided through our Services

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED $100 USD OR THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless VitaSpark and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Any content you submit or transmit through our Services

12. Modifications to Services

We reserve the right to:

  • Modify, suspend, or discontinue any aspect of our Services at any time
  • Change the content, features, or functionality of our Services
  • Impose limits on certain features or restrict access to parts of our Services

We will not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.

13. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination:

  • Your right to use our Services will immediately cease
  • All provisions of these Terms that should survive termination shall remain in effect

You may stop using our Services at any time.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or our Services shall be resolved exclusively in the state or federal courts located in Bexar County, Texas. You consent to the personal jurisdiction of these courts.

15. Dispute Resolution

15.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at office@expelelbow.world to attempt to resolve the issue informally. We will attempt to resolve the dispute through good faith negotiations.

15.2 Arbitration

If we cannot resolve a dispute informally, any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in San Antonio, Texas.

15.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and VitaSpark individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

  • Update the "Last Updated" date at the top of this page
  • Post the revised Terms on our website
  • Notify you of material changes via email or prominent notice on our website

Your continued use of our Services after any changes indicates your acceptance of the revised Terms. If you do not agree to the changes, you must stop using our Services.

17. 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. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of VitaSpark.

19. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and VitaSpark regarding our Services and supersede all prior agreements and understandings.

20. Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

21. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

22. Contact Information

If you have any questions about these Terms, please contact us:

VitaSpark

17806 Frontage Rd Suite 300, San Antonio, TX 78257, United States

Phone: +18775995242

Email: office@expelelbow.world

23. Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SERVICES.