LIMITATION OF LIABILITY

Use of the Programs and/or Services is at your and your Participants’ sole risk. To the extent legally permitted, all materials, information, products, programs, software and services are provided “as is”, with no warranties or guarantees whatsoever. Vital Aspect expressly disclaims to the fullest extent permitted by law all express, implied, statutory and other warranties, guarantees or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. Without limitation, Vital Aspect does not represent or warrant that the Programs will be uninterrupted, error-free or secure, that any defects will be corrected, or that the Programs or the server/s that makes the Programs available will be free of viruses or other harmful elements. You agree that in using the Programs and/or Services you have not relied on any statement or representation made by Vital Aspect not expressly contained in Agreement. You understand and agree that if you access, download or otherwise obtain materials, information, products, software, programs or services from the Website or otherwise forming part of Programs and/or Services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. If applicable law prohibits the exclusion of any of the warranties, guarantees, conditions or representations referred to above, to the extent legally permitted, Vital Aspect limits its liability for breach of any such warranties, guarantees, conditions or representations to resupply of the affected Programs and/or Services or payment of the cost of resupply of the affected Programs and/or Services, at Vital Aspect’s discretion. Vital Aspect will not be held liable for any injury or illness sustained to Participants in connection with this Agreement. It is your responsibility to inform Vital Aspect if Participants have any medical conditions which would limit their ability to participate in the Programs and/or Services or increase their risk of an adverse health event. Vital Aspect offers general advice only and not medical advice and Programs/Services may not be suitable for all individuals. To the extent legally permitted, in no event will Vital Aspect be liable to you or any other person for: (a) any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the use of the Programs and/or Services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data; This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from this Agreement and the enforceable exclusions will remain in force.