Effective date: May 21st, 2026 Last updated: May 21st, 2026
Welcome to bVital. We’re glad you’re here.
bVital operates the websites at bvital.com and brainregen.com and uses them to share educational content about functional and regenerative medicine, brain health, and the programs we offer at our practice in Park City, Utah. These Terms of Service (“Terms“) govern your use of those websites and the related marketing channels we operate. Please read them carefully before using our website or signing up for our communications.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE IN SECTION 14 REQUIRES THAT MOST DISPUTES BETWEEN YOU AND BVITAL WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. THE AGREEMENT TO ARBITRATE ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS AS DESCRIBED IN SECTION 14, YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES AGAINST US THROUGH BINDING, FINAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR JURY TRIAL.
By accessing or using our websites or interacting with our marketing channels, you agree to these Terms. If you do not agree, please do not use our websites or services described below.
1. About These Terms and What They Cover
1.1 Who we are
In these Terms, “bVital,” “we,” “us,” or “our” refers to bVital Inc, a corporation operating its principal office at 1755 Prospector Ave #100, Park City, UT 84060. “You” or “User” refers to you, the individual using our Sites or Services as defined below.
1.2 What these Terms cover
These Terms govern your use of:
- The websites located at bvital.com and brainregen.com (collectively, the “Sites“)
- The educational content, lead magnets, downloadable guides, webinars, and event registrations we make available on or through the Sites
- The newsletter, email, and SMS communications you opt in to receive from us
- The consultation booking and contact features on the Sites
- Any other marketing channels or activities that link to these Terms
We refer to all of the above collectively as the “Services” in these Terms.
1.3 What these Terms do NOT cover
These Terms do not govern your relationship with bVital as a patient. If you become a patient of bVital, your relationship with us is governed by separate patient agreements, consents, financial agreements, and our HIPAA Notice of Privacy Practices (“NPP“). Those documents are provided to you during the patient intake process and control over these Terms with respect to your care.
1.4 Incorporated documents
These Terms incorporate the following by reference:
- Our Privacy Policy at https://brainregen.com/privacy-policy/
- Our Consumer Health Data Privacy Policy at https://brainregen.com/bvital-consumer-health-data-privacy-policy/
- Any Additional Terms that we may post on the Sites from time to time or present to you when you sign up for a specific feature, event, or activity
If there is a conflict between these Terms and any Additional Terms, the Additional Terms control with respect to the specific feature or activity they cover, but only to the extent of the conflict.
1.5 Changes to these Terms
We may modify these Terms at any time. If we make material changes, we will update the “Last updated” date at the top, and we will notify you by posting a notice on the Sites or by another reasonable means (such as email). Your continued use of the Services after the effective date of any modified Terms constitutes your acceptance of those changes. If you do not agree to the modified Terms, your sole remedy is to stop using the Services.
2. Important Medical Disclaimer
The Sites and Services are for general informational, educational, and marketing purposes only.
The content we publish on the Sites — including articles, blog posts, downloadable guides, webinars, videos, social media content, testimonials, and program descriptions — is not medical advice, a medical diagnosis, a treatment recommendation, or a medical opinion. Reading our content, watching our videos, registering for a webinar, downloading a guide, subscribing to our newsletter, or booking a consultation does not, by itself, create a doctor-patient relationship between you and bVital, Dr. Greg Eckel, or any other bVital clinician.
A treating relationship with bVital is established only after you:
- Complete a consultation and intake process with a bVital clinician;
- Sign the patient agreements, HIPAA authorizations, financial agreements, and informed consents required by bVital; and
- Are accepted as a patient by a licensed healthcare provider at bVital.
Until those steps are complete, nothing you read on the Sites, hear in a webinar, or receive from us in marketing communications constitutes medical advice or care.
Do not delay seeking medical care or ignore the advice of a qualified healthcare professional based on information you obtain from the Sites or our marketing communications. If you are concerned that you or someone else may be experiencing a medical emergency, call 9-1-1 or your local emergency services immediately.
You agree that, to the fullest extent permitted by applicable law, you use the Services and rely on the information we provide at your own risk.
3. Eligibility
3.1 Age requirement
The Services are intended for adults aged 18 and older. By using the Services, you represent that you are at least 18 years old. We do not knowingly market to or collect information from anyone under 18.
We may make limited exceptions where a parent or legal guardian provides written, express consent for a minor’s participation in a specific program (for example, a guardian managing care for an adult patient who has lost capacity, or a guardian enrolling an older minor in a specific service). In those cases, the guardian’s consent governs the collection and use of the minor’s information for that purpose.
3.2 Capacity
By using the Services, you represent that you have the legal capacity to enter into these Terms and to be bound by them. If you are using the Services on behalf of another person (such as an adult family member for whom you have authority to act), you represent that you have the legal authority to bind that person to these Terms.
3.3 Restricted Users
You may not use the Services if you are:
- Currently restricted or prohibited from using our Services by us or by law;
- A competitor of bVital using the Services to gather information for competitive purposes;
- Acting on behalf of another person or entity without that person’s or entity’s authorization;
- Under a legal obligation that restricts or prohibits your use of the Services; or
- Otherwise unwilling to agree to and follow these Terms.
We reserve the right to refuse, suspend, terminate, ban, or otherwise restrict access to the Services for any person at any time, for any reason, with or without notice, in our sole discretion.
4. License to Use the Services
Subject to your compliance with these Terms, bVital grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for your personal, non-commercial use.
You may:
- View, read, and listen to content we publish on the Sites
- Download and print a reasonable amount of content for your personal, non-commercial use
- Subscribe to our communications (email, SMS) that you opt in to
- Register for webinars and events we offer
- Share content via social media features we provide, subject to those platforms’ terms
- Submit forms and information to us through the Sites
You may not:
- Use the Services for any commercial purpose without our prior written consent
- Copy, reproduce, distribute, publish, transmit, display, or modify our content beyond what’s reasonable for personal use
- Use, frame, or mirror any part of the Services to build a competing or derivative product
- Use any automated tool (bots, scrapers, crawlers) to access or harvest content from the Sites
- Reverse-engineer, decompile, or attempt to derive source code or trade secrets from the Services
- Remove or alter any copyright, trademark, or other proprietary notices
We reserve the right to suspend, limit, or revoke this license at any time, for any reason, with or without notice, in our sole discretion.
5. Forms, Communications, and SMS
5.1 Email and newsletter
When you sign up for our newsletter, request a guide, register for a webinar, or otherwise opt in to email communications, you authorize us to send you marketing, educational, and transactional emails. You can unsubscribe from marketing emails at any time using the unsubscribe link in any email or by emailing in**@****al.com. Transactional emails (such as webinar confirmations, account notices, or responses to your inquiries) cannot be unsubscribed.
5.2 SMS / Text Service
When you provide your mobile phone number and opt in to text communications, you consent to receive SMS and MMS messages from bVital, which may include marketing messages, appointment reminders, webinar reminders, and customer service responses. Messages may be sent through an automated dialing system.
- Message frequency varies. Message and data rates may apply per your mobile carrier’s plan.
- You can opt out at any time by replying STOP to any SMS message from us.
- You can reply HELP to any SMS message for help.
- Consent is not a condition of purchase or use of the Services.
- You authorize us to send recurring marketing and informational messages until you opt out.
We are not liable for any delays in the receipt of, or any failures to receive, any SMS or MMS messages. Delivery is subject to your mobile carrier’s effective transmission and your device’s compatibility. If you change or deactivate your mobile phone number, you agree to promptly notify us so that messages are not sent to a person who acquires your old number.
5.3 Electronic communications consent
By providing us with your contact information, you consent to receive electronic communications from us (including email, SMS, and other electronic methods). You acknowledge that electronic communications are not always a confidential means of communication, and there is a reasonable chance that a third party (for example, people in your home with access to your devices, your employer if using a work email, or others with access to your network) may be able to view those communications. You assume the risks associated with transmitting any personal or health-related information to us through electronic means.
6. User-Submitted Information and Content
6.1 Information you provide
When you fill out a form on the Sites, register for a webinar, request a consultation, share a testimonial, or otherwise submit information to us, you represent that:
- The information you provide is true, accurate, complete, and up to date
- You will update the information if it changes
- You have the legal right to provide the information
If you submit health-related information through a Site form (for example, mentioning a condition you’d like help with), that information is governed by our Privacy Policy and, where applicable, our Consumer Health Data Privacy Policy. It is not Protected Health Information (“PHI”) and does not become PHI unless and until you become a patient and complete our HIPAA intake process.
6.2 Testimonials, reviews, and user-generated content
If you submit a testimonial, review, story, photo, video, social post, or any other content to us or about us (“User Content“), you grant bVital a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to use, reproduce, distribute, publish, display, modify, and create derivative works from your User Content in connection with the operation and promotion of our Services. This includes using your User Content in our marketing, on our Sites, on our social media channels, in advertisements, and in promotional materials.
You represent and warrant that:
- You own or have all rights necessary to grant the license above
- Your User Content does not violate any third party’s rights (including privacy, publicity, and intellectual property rights)
- Your User Content does not violate any law
You may withdraw consent for future use of your User Content by emailing in**@****al.com. We will use reasonable efforts to remove your User Content from active use going forward, but we are not obligated to remove it from materials already distributed.
6.3 Feedback
If you provide us with suggestions, ideas, recommendations, or feedback about the Services (“Feedback“), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that Feedback for any purpose, without compensation or attribution to you.
7. Prohibited Conduct
You agree not to use the Services to:
- Violate any law, rule, or regulation (local, state, federal, or international)
- Submit false, misleading, or fraudulent information
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity
- Harass, threaten, intimidate, or stalk any other person
- Submit content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, pornographic, hateful, racially or ethnically objectionable, or otherwise inappropriate
- Submit content that infringes any third party’s intellectual property, privacy, or other rights
- Introduce viruses, malware, spyware, worms, trojan horses, or any other harmful code into the Services
- Attempt to disrupt, overload, or interfere with the proper functioning of the Sites or any related infrastructure (including by denial-of-service attacks)
- Attempt to gain unauthorized access to any part of the Services, our systems, or our data
- Use automated tools (bots, scrapers, crawlers, data miners) to access or extract data from the Sites
- Reverse-engineer, decompile, or disassemble any part of the Services
- Resell, sublicense, or commercially exploit any part of the Services without our written consent
- Use the Services to offer or render any professional advice (medical, financial, legal, or otherwise)
- Engage in any deceptive or unfair business practice
We reserve the right to investigate and take appropriate action against any User who violates this section, including removing content, suspending or terminating access to the Services, and reporting violations to law enforcement.
8. Intellectual Property
8.1 Our content
All content on the Sites — including text, images, graphics, logos, videos, audio, software, designs, and the overall look and feel of the Sites (“bVital Content“) — is owned by bVital or our licensors and is protected by U.S. and international intellectual property laws. The trademarks, service marks, logos, and brand names of bVital and our affiliates (including “bVital,” “Brain Regen,” and any associated taglines or logos) are owned by us. You may not use any of our trademarks, logos, or brand assets without our prior written consent.
Nothing in these Terms grants you any right or license to use the bVital Content beyond the limited license described in Section 4.
8.2 Third-party content
The Sites may contain content provided by third parties (for example, embedded videos, social media content, or testimonial quotes). That content is the property of its respective owners and may be subject to separate terms.
9. Third-Party Services, Links, and Products
The Sites may link to third-party websites, products, or services — including, for example, retailers where you can purchase Dr. Greg Eckel’s book Defying Parkinson’s (such as Amazon), webinar platforms, social media platforms, and other third-party tools. These third parties are not controlled by us. We make no representations or warranties about, and assume no responsibility or liability for:
- The content, products, services, or practices of any third party
- The accuracy, completeness, or availability of third-party content
- Any transaction you enter into with a third party (including book purchases)
- The privacy practices or terms of service of any third party
Your use of any third-party website, product, or service is at your own risk and subject to that third party’s terms and privacy policy. We strongly encourage you to read those terms and privacy policies before using any third-party service.
10. Privacy
Your privacy matters to us. Our collection, use, and sharing of your personal information is governed by our Privacy Policy at [URL], and, for consumer health data, our Consumer Health Data Privacy Policy at [URL]. Both are incorporated into these Terms by reference. By using the Services, you acknowledge that you have read and understood our Privacy Policy and Consumer Health Data Privacy Policy.
If you become a patient of bVital, your Protected Health Information is governed by our HIPAA Notice of Privacy Practices (“NPP“), which is separate from these Terms.
11. Disclaimers and Warranty Disclaimers
THE SERVICES ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BVITAL AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “BVITAL PARTIES“) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
- WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
- WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
- WARRANTIES THAT ANY INFORMATION ON THE SITES IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR APPROPRIATE FOR YOUR INDIVIDUAL CIRCUMSTANCES
- WARRANTIES REGARDING THE RESULTS YOU MAY OBTAIN FROM USING THE SERVICES
NO MEDICAL WARRANTIES. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT ANY INFORMATION ON THE SITES IS APPROPRIATE FOR YOUR INDIVIDUAL HEALTH NEEDS OR CIRCUMSTANCES. ANY DECISION YOU MAKE ABOUT YOUR HEALTH, INCLUDING WHETHER TO SEEK OR FOREGO MEDICAL CARE, IS YOUR OWN RESPONSIBILITY. SEE SECTION 2 FOR OUR FULL MEDICAL DISCLAIMER.
NO SECURITY WARRANTIES. WHILE WE TAKE REASONABLE MEASURES TO PROTECT THE SECURITY OF YOUR INFORMATION, WE CANNOT GUARANTEE THAT THE SERVICES WILL BE FREE FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER SECURITY INCIDENTS. YOUR TRANSMISSION OF INFORMATION TO US IS AT YOUR OWN RISK.
Some jurisdictions do not allow the exclusion of certain warranties. To the extent that any disclaimer in this section is prohibited by applicable law, the disclaimer applies to the fullest extent permitted by that law.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BVITAL PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, PUNITIVE, OR EXEMPLARY DAMAGES — OR FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITY, LOST GOODWILL, BUSINESS INTERRUPTION, OR EMOTIONAL DISTRESS — ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BVITAL PARTIES’ MAXIMUM AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SERVICES OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
These limitations do not apply to:
- Liability arising from our gross negligence, willful misconduct, or fraud
- Liability for bodily injury or death directly and proximately caused by our acts or omissions
- Any indemnification obligations expressly set forth in these Terms
- Any liability that cannot be limited under applicable law
If you are not fully satisfied with the Services, your sole and exclusive remedy is to stop using them.
Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent that any limitation in this section is prohibited by applicable law, it applies to the fullest extent permitted by that law.
13. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the bVital Parties from and against any third-party claims, demands, lawsuits, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
- Your use or misuse of the Services
- Your violation of these Terms
- Your violation of any law, rule, or regulation
- Your violation of any third party’s rights (including privacy, publicity, or intellectual property rights)
- Any User Content you submit
- Any acts or omissions you take based on information you obtain from the Services
We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, in which case you agree to cooperate with our defense at your expense.
14. Dispute Resolution and Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT OR TO PARTICIPATE IN A CLASS ACTION.
14.1 Agreement to arbitrate
You and bVital agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Services, our marketing communications, or any aspect of the relationship between you and bVital (“Disputes“) will be resolved exclusively through final and binding individual arbitration, rather than in court — except that:
- Either party may bring an individual claim in small claims court if the claim qualifies and remains in small claims court
- Either party may seek injunctive or equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual property rights
This Agreement to Arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies, which may seek relief on your behalf if the law allows.
14.2 Waiver of jury trial
YOU AND BVITAL WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY. All Disputes will be resolved by arbitration under this Section 14, except as expressly noted above.
14.3 Waiver of class and representative actions
YOU AND BVITAL AGREE TO BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate or join more than one person’s claims and may not preside over any form of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If a court finds this class-action waiver unenforceable as to a specific claim or request for relief, that specific claim or request for relief will be severed and may be litigated in court, while all other Disputes will be arbitrated.
14.4 Informal dispute resolution
Before initiating arbitration, you agree to first contact us informally to try to resolve the Dispute. Send a written notice to in**@****al.com with the subject line “Dispute Notice” describing the nature of your claim and the relief you seek. We will respond within 45 days. During this 45-day period, either party may request a telephone conference to discuss the Dispute in good faith. The statute of limitations and any filing deadlines will be tolled during this informal dispute resolution period.
14.5 Arbitration rules and forum
If the Dispute is not resolved through informal dispute resolution within 45 days, either party may initiate arbitration. The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with its Consumer Arbitration Rules then in effect (the “AAA Rules“), except as modified by these Terms. The AAA Rules are available at www.adr.org.
The arbitration will be conducted in Park City, Utah, or at your election in the county where you reside. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Section 14.
14.6 Arbitrator
The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected in accordance with the AAA Rules. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute and will issue a written award and statement of decision. The arbitrator’s award is final and binding on both parties.
14.7 Arbitration costs
Your responsibility for any AAA fees and costs is set out in the AAA Rules. If you demonstrate to the arbitrator that the costs of arbitration would be prohibitive compared to the costs of litigation, bVital will pay as much of the arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
14.8 30-Day right to opt out of arbitration
You have the right to opt out of this Agreement to Arbitrate by sending written notice of your decision to opt out within 30 days after first becoming subject to these Terms. Send your opt-out notice to:
bVital Inc, Attn: Legal — Arbitration Opt-Out, 1755 Prospector Ave #100, Park City, UT 84060 Or by email to in**@****al.com with the subject line “Arbitration Opt-Out.”
Your notice must include your name, address, and email, and must clearly state that you want to opt out of the Agreement to Arbitrate. The opt-out is effective only if you send it yourself on an individual basis. If you opt out, all other parts of these Terms continue to apply to you.
14.9 Severability
If any part of this Section 14 (other than Section 14.3) is found to be invalid or unenforceable, that part will be severed and the remainder of this Section 14 will continue in full force and effect. If Section 14.3 (Waiver of Class and Representative Actions) is found invalid or unenforceable, the entire Section 14 will be void and Disputes will be litigated in the state or federal courts in Summit County, Utah.
14.10 Survival
This Section 14 survives any termination of these Terms or your use of the Services.
15. Governing Law and Venue
These Terms and any Disputes arising out of or relating to these Terms or the Services are governed by the laws of the State of Utah, without regard to its conflict-of-laws principles, except to the extent preempted by U.S. federal law (including the Federal Arbitration Act).
Subject to the Arbitration Agreement in Section 14, any Dispute that proceeds in court must be filed in the state or federal courts located in Summit County, Utah, and you and bVital each consent to the exclusive jurisdiction and venue of those courts and waive any objection based on inconvenient forum or lack of personal jurisdiction.
16. U.S. Jurisdiction; Access from Outside the U.S.
bVital is based in the United States, and the Services are intended for use by individuals located in the United States. We do not actively market to or block access from individuals outside the United States, but we make no representation that the Services are appropriate or available for use outside the United States. If you access the Services from outside the United States, you do so at your own risk and are responsible for complying with applicable local laws. By accessing the Services from outside the United States, you acknowledge that your information will be transferred to and processed in the United States.
17. Digital Millennium Copyright Act (“DMCA”)
We respect the intellectual property rights of others. If you believe that material on the Sites infringes your copyright, please send a written notice to the email below containing:
- A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf
- A description of the copyrighted work you claim has been infringed
- The URL or specific location on the Sites of the allegedly infringing material
- Your name, address, telephone number, and email address
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf
Send DMCA notices to: in**@****al.com with the subject line “DMCA Notice.”
We may, in our sole discretion, remove or disable access to material claimed to be infringing. If you believe your material was removed in error, you may submit a counter-notice using the same procedure.
18. Termination
We may suspend or terminate your access to the Services at any time, for any reason, with or without notice. You may stop using the Services at any time.
The following provisions will survive any termination of these Terms: Sections 6 (User-Submitted Information and Content), 7 (Prohibited Conduct), 8 (Intellectual Property), 10 (Privacy), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 14 (Dispute Resolution and Binding Arbitration), 15 (Governing Law and Venue), and 18 (Termination), along with any other provision that by its nature should survive.
19. Force Majeure
We will not be liable for any failure or delay in performing under these Terms due to causes beyond our reasonable control, including without limitation acts of God, natural disasters, pandemics, war, terrorism, government action, labor disputes, power or internet outages, or third-party service failures.
20. Miscellaneous
20.1 Entire agreement
These Terms, together with our Privacy Policy, Consumer Health Data Privacy Policy, and any Additional Terms presented to you, constitute the entire agreement between you and bVital with respect to the Services and supersede all prior agreements and understandings, whether written or oral, on the same subject.
20.2 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets, financing, or change of control.
20.3 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.
20.4 No waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of bVital.
20.5 Notices
Notices to bVital under these Terms must be sent in writing to:
bVital Inc Attn: Legal 1755 Prospector Ave #100 Park City, UT 84060
Or by email to in**@****al.com.
Notices to you will be sent to the email address or postal address you provided to us, or by prominent posting on the Sites.
20.6 No third-party beneficiaries
These Terms are for the sole benefit of you and bVital and do not confer any rights on any third party.
20.7 Construction
Headings in these Terms are for convenience only and do not affect interpretation. “Including” means “including without limitation.” These Terms will be construed as if drafted jointly by both parties; no rule of strict construction will be applied against either party.
20.8 California Civil Code Section 1789.3 (for California residents)
Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: the provider of the Services is bVital Inc, 1755 Prospector Ave #100, Park City, UT 84060, phone (435) 962-6363. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
21. How to Contact Us
If you have questions, concerns, or feedback about these Terms or the Services, please contact us:
bVital Inc Attn: Legal 1755 Prospector Ave #100 Park City, UT 84060
Email: in**@****al.com Phone: 435-962-6363
Thank you for reading. We appreciate your trust in bVital.