GASTRO-VITALE COMPANY WEBSITE TERMS AND CONDITIONS

Welcome to the Gastro-Vitale Company Website

This website (https://gastrovitale.com/) is operated by Gastro-Vitale Company (“GVC” or “we”). Throughout this website, references to “we”, “us”, and “our” denote Gastro-Vitale Company. GVC provides this website and the opportunity for users to explore our products and services, subject to your acceptance of all terms, conditions, policies, and notices outlined in these Gastro-Vitale Company Website Terms and Conditions (the “Terms”). These Terms govern your access to and use of the website, as well as any other applications, products, content, subscriptions, and services (collectively referred to as “Services”) offered by Gastro-Vitale Company. Your access to the website is contingent upon your acceptance, without alteration, of the terms, conditions, and notices specified in these Terms. If you do not agree to these Terms, you are not permitted to access the website, purchase our products, or use our Services. The headings used in these Terms are for convenience only and do not alter or affect the Terms.

By visiting our website, purchasing our products, or using our Services, you consent to abide by the Terms. These Terms are applicable to all users of the website, including but not limited to visitors, browsers, members, partners, and content contributors.

YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE OR ACCESS THE SITE, TO USE OUR SERVICES, AND TO PURCHASE OR SUBSCRIBE TO OUR PRODUCTS. YOU MAY ONLY ACCESS AND USE THE SITE IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS.

  1. Use of Website: You are granted a limited, revocable, non-exclusive license to access and use this website for your personal, non-commercial use only. This license does not extend to any derivative use of this website or its contents, including but not limited to downloading, copying, or modifying any portion of the website for any purpose not expressly permitted by Gastro-Vitale. You agree not to use this website for any unlawful purpose or in any way that could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You also agree not to use any automated system, including but not limited to robots, spiders, or offline readers, to access this website or its contents without prior written permission from Gastro-Vitale.

  1. Product Information: The information provided on this website regarding Gastro-Vitale products, including detailed descriptions, pricing, and availability, is intended for informational purposes only. While we strive to provide accurate and up-to-date information, we cannot guarantee that all information on this website is completely accurate, current, or error-free. Product descriptions and specifications are subject to change without notice, and Gastro-Vitale reserves the right to modify or discontinue any product at any time without prior notice. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through this website will meet your expectations, or that any errors in the website will be corrected.

  2. Prohibited Uses (Sample):

    You agree not to, directly or indirectly:

  • Impersonate any person or entity or otherwise misrepresent your afliation with a person or entity in connection with your use of the Site.

  • Use or access the Site (i) from a jurisdiction where such use or access is not authorized, (ii) for any illegal purpose, or (iii) in violation of any local, state, national, or international law, rule, or regulation.

  • Use the Site to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate, including (but not limited to) based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

  • Reverse engineer, disassemble, decompile, modify, or translate any software or other components of the Site.

  • Distribute viruses or other harmful computer code through the Site.

  • Use scrapers, robots, or other data gathering devices not provided by Gastro-Vitale Company (GVC) on or through the Site.

  • Regardless of the data delivery method, neither the Site nor the Site Content may be used in conjunction with a generative AI solution.

  • Access or use the Site or Site Content via mechanical, programmatic, robotic, scripted, or any other automated means.

  • Attempt to gain unauthorized access to the Site, Site Content, other accounts, computer systems, or networks connected to the Site, through hacking, password mining, or any other means.

  • Remove or modify any proprietary notice, copyright notice, or trademark legend, author attribution, or other notice placed on or contained within any of the Site or Site Content or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Site or Site Content.

  • Upload to the Site the personal information of others that you are not authorized to provide or using the Sites to collect or track the personal information of others.

  • Provide any content, data, or information to Gastro-Vitale Company (GVC) that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically, or otherwise objectionable.

  • Use the Site or Site Content in a way that suggests you are a representative of Gastro-Vitale Company (GVC).

  • Use the Site or Site Content as a platform for external applications, or to develop applications, services, websites, or any other functionalities that leverage the Site or Site Content.

  • Infringe or misappropriate the intellectual property, proprietary, or privacy rights of any third party.

  • Interfere with or disrupt the proper functioning of the Site or Site Content, Gastro-Vitale Company’s or any third party’s systems used to host the Site, or other equipment or networks used to provide the Site or Site Content.

  • Communicate the Site Content to the public, provide or make available any links, hypertext (Universal Resource Locator (URL) address) or otherwise grant access (other than a “bookmark” from a web browser) to the Site, or any part thereof.

  • Circumvent the security of the Site or any host, network, or account related thereto.

  • Use any application programming interface to access the Site or Site Content.

  • Fail to use commercially reasonable efforts to prevent the unauthorized license, access, sale, transfer, lease, transmission, distribution, or other disclosure of the Site or Site Content.

  • Allow any individual to use any account log-in credentials (e.g., user identification(s), code(s), password(s), procedure(s), and user keys) issued to, or selected by, Gastro-Vitale Company (GVC) for someone other than the individual identified in the account information.

  • Access or attempt to access Resources by any means other than through the means provided by Gastro-Vitale Company (GVC).

  • Cause damage to Gastro-Vitale Company’s (GVC) business, reputation, employees, members, facilities, or to any other person or legal entity.

  • Otherwise use the Site or Site Content in any manner that exceeds the scope of use granted above.

  • Attempt to do any of the acts described in this Section 4, or assist or permit any person in engaging in any of the acts described in this Section 4.

    Any use which violates these Terms gives Gastro-Vitale Company (GVC) the right (without notice or liability) to revoke the aforementioned license, cancel any order or subscription, or to refuse, restrict, terminate, or discontinue your access to the Site or Site Content (or any portions, components, or features thereof). We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Site.

  1. Non Professional advice or Medical Information: The information provided on the Site is intended for general informational and educational purposes only. It is not intended for use in the diagnosis or treatment of any health problem or as a substitute for professional medical advice, diagnosis, or treatment provided by a qualifed healthcare provider. You should not rely on the information obtained from the Site or the Services for medical purposes.

    While some portions of the Services may allow you to submit questions either to us or to third parties who have agreed to communicate with our users, please be aware that neither our employees nor any third parties are authorized to provide medical or other professional advice through the Services. Any information provided through the Services is not intended to replace the advice of a healthcare professional.

    Always consult your healthcare provider if you have any health-related questions or concerns and before using any of our products or relying on any information obtained on the Site or from the Services.

  1. Intellectual Property: All content on this website, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Gastro-Vitale or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this website is the exclusive property of Gastro-Vitale and is protected by United States and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, without the express written permission of Gastro-Vitale.

  2. Third-Party Links: This website may contain links to third-party websites for your convenience. Gastro-Vitale does not endorse, guarantee, or control the accuracy, relevance, timeliness, or completeness of any information, products, services, or materials found on these third-party websites. By accessing these third-party websites, you acknowledge and agree that Gastro-Vitale is not responsible for examining or evaluating the content or accuracy of such websites and shall not be liable for any damages or losses arising from your use of or reliance on the information, products, services, or materials provided by these third-party websites. Your use of third-party websites is entirely at your own risk, and you should review the terms and conditions and privacy policies of these websites before using them.

  3. Privacy Policy: Your use of this website is subject to the Gastro-Vitale Privacy Policy, which can be found [here](link to privacy policy), which governs the collection, use, and disclosure of your personal information by Gastro-Vitale. The Privacy Policy outlines how we collect, use, and protect your personal information when you use this website, as well as your rights and choices regarding your personal information. By using this website, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy. You further acknowledge and agree that Gastro-Vitale may collect and use non-personal information, such as aggregated data or anonymized information, for various purposes, including but not limited to improving the website, analyzing trends, and providing targeted advertisements.

  4. Disclaimer of Warranties: This website is provided on an “as is” and “as available” basis without any representations or warranties of any kind, express or implied. Gastro-Vitale makes no representations or warranties regarding the accuracy, completeness, reliability, suitability, or availability of the content on this website or the results that may be obtained from using this website. Gastro-Vitale disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and title. Gastro-Vitale does not warrant that this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make it available are free of viruses or other harmful components. You acknowledge and agree that your use of this website is at your own risk, and you are solely responsible for any damage to your computer system or loss of data that results from accessing or using this website.

  5. Limitation of Liability: In no event shall Gastro-Vitale, its affiliates, offers, directors, employees, agents, suppliers, or licensors be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Gastro-Vitale has been advised of the possibility of such damages), arising out of or in any way connected with your use of this website or the content contained therein. This limitation of liability shall apply regardless of whether the damages arise under breach of contract, tort (including negligence), strict liability, or any other legal theory.

  6. Indemnification: You agree to indemnify, defend, and hold harmless Gastro-Vitale, its officers, directors, employees, agents, affiliates, subsidiaries, partners, and licensors from and against any and all claims, liabilities, damages, losses, or expenses, including but not limited to legal fees, costs of litigation, and any other reasonable costs, arising out of or in any way related to your use of this website, your violation of these terms and conditions, your violation of any law or the rights of a third party, or any content or materials submitted by you or through your account. This indemnification obligation shall apply regardless of the legal theory under which such claims or losses arise, including without limitation, claims based on breach of contract, tort (including negligence), strict liability, or any other legal theory. This indemnification obligation will survive termination or expiration of these terms and conditions and your use of the website.

  1. User Accounts: If you create an account on this website, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept full responsibility for all activities that occur under your account or password. Furthermore, you agree to promptly notify Gastro-Vitale of any unauthorized use of your account or any other breach of security. Gastro-Vitale reserves the right to terminate, suspend, or restrict access to your account or to the website at any time and for any reason without prior notice or liability, including but not limited to a violation of these terms and conditions or suspected fraudulent, abusive, or unlawful activity. You understand and acknowledge that Gastro-Vitale shall not be liable for any loss or damage arising from your failure to comply with this section or your failure to keep your account information secure. Additionally, you agree to fully indemnify and hold harmless Gastro-Vitale, its officers, directors, employees, agents, affiliates, subsidiaries, partners, and licensors from and against any and all claims, liabilities, damages, losses, or expenses arising from or related to any unauthorized use of your account or any other breach of security.

  2. Age Restriction: This website is intended for use by individuals who are at least 18 years old. By accessing or using this website, you represent and warrant that you are at least 18 years old or are accessing the website under the supervision and consent of a parent or guardian. Furthermore, you acknowledge and agree that any use of this website by individuals under the age of 18 is strictly prohibited, and Gastro-Vitale reserves the right to refuse access to the website to any individual who does not meet the minimum age requirement. You understand and acknowledge that certain content or products available on this website may not be suitable for individuals under the age of 18, and it is your responsibility to ensure compliance with all applicable laws and regulations regarding age restrictions.

  1. Product Purchases: When you make a purchase on this website, you agree to provide accurate, current, and complete information about yourself as prompted by the checkout process and to promptly update such information as necessary to ensure its accuracy and completeness. You further agree to be bound by all terms and conditions provided by Gastro-Vitale or its payment processor regarding the purchase of products, including but not limited to payment terms, shipping fees, return policies, and warranties. Additionally, you acknowledge and agree that failure to provide accurate and complete information may result in delays or cancellation of your order, and Gastro-Vitale shall not be liable for any losses or damages arising from such inaccuracies. By completing a purchase on this website, you consent to the collection, use, and disclosure of your personal information in accordance with the Gastro-Vitale Privacy Policy.

  2. Shipping and Returns: Gastro-Vitale’s shipping and return policies are outlined in detail on this website and are subject to change without prior notice. By placing an order on this website, you agree to abide by these policies and to be bound by any updates or modifications made to them. These policies govern the shipping, delivery, and return of products purchased through this website, including but not limited to shipping methods, delivery times, return eligibility, refund processes, and restocking fees. It is your responsibility to review and understand these policies before completing your purchase, and you acknowledge and agree that Gastro-Vitale shall not be liable for any losses, damages, or inconvenience resulting from your failure to adhere to these policies. Gastro-Vitale reserves the right to refuse or cancel any orders placed for products listed at an incorrect price or containing incorrect information, whether due to typographical errors, inaccuracies, or otherwise. In the event that your order is canceled due to such errors, Gastro-Vitale will notify you as soon as possible and provide you with the option to purchase the product at the correct price or receive a refund for the amount paid.

  3. Feedback and Submissions: We offer various interactive communication tools on our website to facilitate the submission of comments, feedback, and information, such as blog comments, public chat, forums, message boards, and product ratings and reviews. You acknowledge and agree that any data, messages, submissions, product reviews, or other materials you post, transmit, or make available on our website (collectively referred to as “User Contributions”) are your sole responsibility. By providing User Contributions, you grant Gastro-Vitale Company and its afliated entities a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, transmit, modify, adapt, publish, translate, distribute, display, create derivative works from, and otherwise utilize such User Contributions and your name, persona, or likeness for any purpose, including commercial or marketing purposes, without further notice, attribution, permission, or payment to you or any other party. You grant these rights as part of your use of our website and services, without the need for additional compensation. Gastro-Vitale Company does not claim ownership of User Contributions. Additionally, while we reserve the right, we are not obligated to monitor, edit, or remove User Contributions that we determine, at our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate any party’s intellectual property rights or our terms of service. You represent and warrant that your User Contributions will not infringe upon any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights, contain libelous, unlawful, abusive, or obscene material, or contain any computer viruses or malware. We retain the right, at our sole discretion, to remove any User Contributions that do not comply with our terms of service.

    Moreover, if you provide us with any personal information related to another individual, whether through User Contributions or otherwise, you represent and warrant that you have the authority to do so and to allow us to use the information in accordance with our terms of service and privacy policy.

    You agree not to use a false email address, impersonate any person or entity, or mislead us or third parties as to the origin of any User Contributions. You are solely responsible for the accuracy of your User Contributions. We assume no responsibility or liability for any User Contributions posted by you or any third party.

  1. Changes to Terms: Gastro-Vitale retains the right to modify or revise these terms and conditions at any time without prior notice. Such modifications or revisions may include, but are not limited to, updates to reflect changes in laws or regulations, adjustments to website functionality, or improvements in user experience. Your continued use of this website following any modifications or revisions to these terms and conditions signifies your acceptance of the updated terms and conditions. It is your responsibility to regularly review these terms and conditions to stay informed of any changes. If you do not agree with the modified terms and conditions, you must immediately cease using this website.

  1. Termination: Gastro-Vitale reserves the unilateral right to terminate or suspend your access to this website at any time and for any reason without prior notice or liability. Grounds for termination or suspension may include, but are not limited to, violations of these terms and conditions, suspected fraudulent activity, or unauthorized use of the website. In the event of termination or suspension, you agree to cease all access and use of the website immediately. Gastro-Vitale shall not be liable to you or any third party for any damages, losses, or inconvenience arising from such termination or suspension. Additionally, upon termination or suspension of your access to the website, you agree that any rights or licenses granted to you under these terms and conditions shall immediately cease. You further acknowledge and agree that Gastro-Vitale may take any action it deems necessary or appropriate to enforce these terms and conditions, including but not limited to disabling or deleting your account, blocking your IP address, or pursuing legal remedies.

  2. Severability: In the unlikely event that any provision of these terms and conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity, legality, or enforceability of the remaining provisions herein. The remaining provisions shall continue to be valid, legal, and enforceable to the fullest extent permitted by applicable law, and any invalid, illegal, or unenforceable provision shall be deemed modified or replaced with a valid and enforceable provision that most closely achieves the original intent of the provision.

  3. Text (SMS) Message Terms (SAMPLE): By providing your mobile phone number and opting in to receive text (SMS) messages from us, you consent to receive periodic marketing and promotional text messages from Gastro-Vitale Company. Message frequency may vary. Standard message and data rates may apply. You can unsubscribe from receiving text messages at any time by replying “STOP” to any message you receive from us. After you send the “STOP” message, you will receive a confirmation text. If you wish to opt back in and start receiving messages again, you can do so by sending “START” to the same number.

    Please note that opting out of receiving text messages may impact your ability to receive certain communications from us regarding promotions, discounts, and important updates about our products and services.

    For help or information about our text messaging program, you can contact us at the contact information provided at the end of these Terms.

    Disclaimer: The text above is provided as a sample and may not reflect the exact procedures for opting in or out of receiving text messages from Gastro-Vitale Company.

  1. Governing Law: Except for disputes resolved through arbitration as detailed below, you agree to submit to the exclusive jurisdiction of the competent state and federal courts located in the State of Delaware, concerning any claim, dispute, or difference arising from these terms. You also agree to waive any right of removal or transfer, whether due to forum non-conveniens or any other reason. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Transaction Act (UCITA) are explicitly excluded from these Terms.

    Should you have any concerns regarding your use of our Site, Site Content, products, or the Services, you can reach us via the contact information provided at the end of these Terms. Both parties will endeavor to resolve any dispute, claim, question, or disagreement directly through consultation and good faith negotiations before initiating any lawsuit or arbitration. Any unresolved matter or dispute related to your use of the Site, Site Content, products, or the Services, or these Terms, shall be submitted to binding confdential arbitration as outlined below.

    Except for claims by us seeking injunctive or other non-monetary relief, any claims related to the Site, Site Content, the products, or the Services, and any dispute or controversy arising from these Terms, shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Streamlined Arbitration Rules & Procedures. The decision of the arbitrator will be final and binding on the parties, and judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Both parties agree to keep all awards, proceedings, and related materials confdential, except as legally required or necessary to protect or enforce rights.

    Arbitration will occur in Delaware or, at the option of the party seeking relief, online, by telephone, via written submissions alone, or in your state of residence if requested. It will be administered by JAMS, unless fve (5) or more individuals initiate coordinated arbitration proceedings, in which case we may elect to consolidate the arbitrations before an agreed-upon arbitrator, who shall follow JAMS Inc. Streamlined Arbitration Rules and Procedures.

    You waive your right to a jury trial in any judicial proceeding, and each party agrees to bring claims only in their individual capacity and not as a plaintiff or class member in any purported class or representative action, except as provided for consolidated arbitration. No arbitrator or judge may consolidate more than one person’s claims or preside over any form of a representative or class proceeding, unless both parties agree otherwise.

  1. Entire Agreement: These terms and conditions constitute the entire agreement between you and Gastro-Vitale regarding your use of this website and supersede all prior or contemporaneous agreements and understandings, whether written or oral, relating to the subject matter herein. No modification, amendment, or waiver of any provision of these terms and conditions shall be effective unless in writing and signed by both parties. Any failure by Gastro-Vitale to enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision

  2. Contact Information (Sample): The Site is offered by Gastro-Vitale Company (GVC). You may contact us by emailing us at info@gastrovitale.com. You may also contact us by writing to:

    Gastro-Vitale Company (GVC)
    Anchorage, AK 99501
    United States of America.
    Last updated: 01/18/2025