Terms of Use

1. Acceptance of these Terms

These Terms of Use (“Terms”) govern your access to and use of the Vitality Score website operated by T-Shots (“T-Shots,” “we,” “us,” “our”), including any quiz, score result, or related feature (the “Site”). By using the Site, you agree to these Terms. If you do not agree, do not use the Site.

2. Eligibility

You must be at least 18 years old to use the Site. By using the Site you represent that you meet this requirement and that the information you submit is your own.

3. The Site is not medical advice

The Vitality Score is a wellness self-assessment intended for general informational and educational purposes only. It is not a medical device, not a diagnosis, and not a substitute for professional medical advice, examination, treatment, or prescription. Results are based solely on your self-reported answers and have not been validated against any clinical reference standard. Do not disregard professional medical advice or delay seeking it because of anything you read on the Site. If you may be experiencing a medical emergency, call 911 or your local emergency number.

4. How we handle your data

Our collection and use of the information you submit, including the quiz responses and your email address, is governed by our Privacy Policy and Consumer Health Data Privacy Notice, which is incorporated into these Terms by reference. You must read and consent to that Notice in order to submit the quiz.

5. Acceptable use

You agree not to:

• Submit information that is not your own, or impersonate any person.
• Use automated means (bots, scrapers, scripts) to access or submit to the Site.
• Attempt to interfere with, probe, or circumvent the Site’s security or operation.
• Use the Site to harass, abuse, defame, or harm any person, or to transmit unlawful content.
• Reproduce, redistribute, or commercially exploit any part of the Site without our prior written consent.

6. Intellectual property

The Site, the Vitality Score name and rubric, the design of the quiz, and all related content are owned by T-Shots and protected by United States and international intellectual property laws. Nothing in these Terms grants you any license to our trademarks, copyrights, or other intellectual property except the limited right to use the Site as expressly permitted.

7. Disclaimer of warranties

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, T-SHOTS DISCLAIMS ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT THE VITALITY SCORE OR ANY OUTPUT WILL BE ACCURATE OR CLINICALLY MEANINGFUL.

8. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, T-SHOTS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SITE.

BECAUSE THE SITE IS OFFERED TO YOU FREE OF CHARGE, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE WILL NOT EXCEED ONE U.S. DOLLAR ($1.00). THE FOREGOING LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF THE FORM OF ACTION.

9. Indemnification

You agree to defend, indemnify, and hold harmless T-Shots and its affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site, your violation of these Terms, or your violation of any third-party right.

10. Termination

We may suspend or terminate your access to the Site at any time, with or without cause and with or without notice. The provisions of these Terms that by their nature should survive termination (including Sections 4 through 12) will survive.

11. Dispute resolution and arbitration

Please read this Section carefully. Any dispute arising out of or relating to these Terms or the Site will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. You and T-Shots each waive the right to a jury trial and the right to participate in any class or representative action. The seat of arbitration will be Orange County, California, unless applicable law requires otherwise.

Notwithstanding the foregoing, either party may bring an individual action in small-claims court, and you retain any non-waivable statutory rights under the laws of your state of residence (including, where applicable, the private right of action under Washington’s My Health My Data Act).

12. Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles, except that mandatory consumer protection and health-data laws of your state of residence will apply where they would otherwise be displaced.

13. Changes to these Terms

We may update these Terms from time to time. We will indicate the “Last updated” date at the top of this page. Continued use of the Site after we post changes constitutes your acceptance of the revised Terms.

14. Contact

T-Shots — Legal Team
16460 Bake Pkwy.
Irvine, CA 92618
Email: team@drvigor.com