vitalEsafe  Terms & Conditions of Use

The following Terms and Conditions of Use Agreement (hereinafter referred to as "Agreement") describes the terms and conditions of use for any individual or entity (hereinafter referred to as "Customer") using the Service offered by vitalEsafe, Inc. (hereinafter referred to as "vitalEsafe" or "Service"). Upon account creation or any modifications of features to the account, Customer must accept this agreement.

Customer acknowledges and agrees that vitalEsafe reserves the right to change the Agreement at any time and without notice. vitalEsafe shall post any revised Agreement online and any such revised Agreement shall control the use of the Service subsequent to such posting. Customer is solely responsible to know and follow the requirements of the Agreement. Continued use of the Service constitutes Customer acceptance of any changes in the Agreement.

Description of Service  The VitalEsafe service consists of a web-based document management system for business and individuals offering our Customers the ability to store their important documents and files on secure storage that is maintained by vitalEsafe. Those documents and files will then be accessible by Customers from any Internet connected computer running a vitalEsafe supported browser. The Service also offers Customer the ability to share folders in their vitalEsafe account on a selected basis with other vitalEsafe Customers. The number of documents stored as well as the number of individuals who may share in any one VitalEsafe will be dependent upon account features. Additional features of the Service may be added from time to time. Customer can change account features at any time.

THE VITALESAFE SERVICE IS DESIGNED TO ONLY BE ACCESSIBLE THROUGH USE OF CUSTOMER'S USERNAME AND PASSWORD. EXCEPT AS REQUIRED BY LAW, VITALESAFE WILL NOT GRANT OR ALLOW ACCESS TO ANY OF CUSTOMER'S DATA TO ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY AGENT, SUCCESSOR, ASSIGN, FAMILY MEMBER, OR FIDUCIARY OF CUSTOMER WHO DOES NOT HAVE CUSTOMER'S USERNAME AND PASSWORD OR MASTER KEY.

Changing of company name from WebSafe to vitalEsafe  vitalEsafe was incorporated as WebSafe, Inc. in 2004 and the company changed its name to vitalEsafe, Inc. in early 2008.  Any and all customers who were initially WebSafe customers are covered under this Terms and Conditions of Use agreement just as they were under the WebSafe agreement. 

Account Signup   When Customer initiates a signup for a vitalEsafe account, certain information will be required. This information will only be used to create Customer's account and will be subject to the vitalEsafe privacy policy that can be found at www.vitalEsafe.com/privacy. If vitalEsafe is offering any free trial period for online storage (a safe) or for any other feature(s) of a vitalEsafe account and if Customer chooses the free trial, the right to use the safe and/or feature(s) shall terminate at the end of the trial period unless Customer upgrades to a paid account before the end of the trial period. Should Customer not convert the safe and/or feature(s) to a paid account, it is agreed and understood that vitalEsafe will not be held liable for any loss of data or any lack of access to that data that was stored with vitalEsafe during the trial period.

License and Use  Subsequent to a successful account signup, vitalEsafe will provide a non-exclusive, non-transferable limited license for its Service. Customer will be provided the amount of storage space on a vitalEsafe server(s) that was selected during account signup. Customer will also be provided other features that were selected at account signup. Customer will be provided bandwidth to facilitate the uploading and downloading of Customer's data, which in vitalEsafe's sole discretion is sufficient for the account features being purchased. Should the Customer bandwidth usage be in excess of that typically used by an account with those that amount of space and/or features, vitalEsafe has the right to adjust the account to a larger account more appropriate for the bandwidth requirement and charge applicable fees or alternately the Customer may terminate the account. Any refunding of fees for the termination for this reason shall be in the sole discretion of vitalEsafe. Should it become necessary for Customer to change any account features, this may be done at any time while Customer is logged on and navigates to "my account". Customer is responsible for any hardware, software, communications equipment or other services that are required to access the vitalEsafe service. This includes, but is not limited to, any connection costs for Internet access. While vitalEsafe will make every reasonable effort to allow continuous access to the Service, vitalEsafe reserves the right at any time and from time to time to modify or discontinue the Service. Customer agrees that vitalEsafe will not be liable for any damages claimed by Customer as a result of any disruption or cancellation of the Service. Furthermore, while vitalEsafe will make every reasonable effort to maintain backups of Customer data, Customer understands and agrees that Customer should not rely solely on vitalEsafe for storage and/or maintenance of data. Customer will take appropriate measures to maintain and shall be solely responsible for backup copies either in electronic or hard copy form as appropriate. Customer agrees that vitalEsafe will not be held liable for any damages claimed as a result of Customer's data not being available through the Service for any reason whatsoever. Customer acknowledges that access to the vitalEsafe service is through the Internet and/or through telephony devices which are not controlled by vitalEsafe and vitalEsafe shall not be responsible or liable to Customer with regard to any damage or loss of data of Customer as a result of any failure of the Internet or any third party providers of telephony or other services.

Customer understands and agrees that accessing files in vitalEsafe infected with viruses, Trojan horses, worms, time bombs or certain other programming routines can interrupt, destroy, or limit the ability of Customer's computer hardware or software to work correctly, and vitalEsafe shall not be responsible or liable to Customer for any damage or loss of data resulting from accessing files so infected.

Customer's obligations regarding Use of Service  Customer is responsible for password confidentiality and any and all access and activities to or regarding Customer's account. Should Customer believe that their account security has been breached, they will notify vitalEsafe immediately at its E-mail address This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Customer agrees that vitalEsafe will not be held liable for any damage which may be caused by any user, authorized or not, accessing Customer's account or data. Customer understands and agrees that Customer is solely responsible for any data uploaded, downloaded, E-mailed or otherwise transmitted via the vitalEsafe service. Customer agrees that vitalEsafe will, under no circumstances, be liable in any way for any errors in data transmission or storage.

Customer agrees that its username is to be used only for Customer's access to the vitalEsafe service and not to be shared with other individuals. The username permits Customer to establish vitalEsafe sessions from a single computer, and Customer understands that vitalEsafe may terminate other active sessions using the same username from different computers. Customer represents and warrants that any data stored or distributed via Customer's account will not infringe on any copyright, patent, trademark, trade secret or other proprietary rights of any party; will not be unlawful, harmful, harassing, vulgar, obscene or otherwise objectionable; will not in any way violate the legal rights of others; will not harm minors in any way; will not contain viruses, Trojan horses, worms, time bombs or any other programming routines which might interrupt, destroy, or limit the ability of any computer hardware, software, or telecommunications routines to work correctly. Customer agrees not to attempt to gain unauthorized access to the vitalEsafe service or to interfere with or disrupt the Service in any way.

Customer agrees that if Customer violates any of the above representations, warranties or obligations, that Customer will indemnify and hold harmless vitalEsafe against any loss suffered by vitalEsafe or any third party, as well as any claims or action arising from any unlawful or improper use of the service. Such indemnification shall include reasonable attorney's fees incurred by vitalEsafe in defending its rights or any third party action resulting from Customer's acts or omissions. Customer agrees not to reproduce, copy or resell for any purpose any portion of the vitalEsafe service. Customer acknowledges and agrees that there is certain proprietary and confidential information regarding delivery of the Service that may be protected by intellectual property laws and that Customer has a limited use license that is not transferable to another party without the written consent of vitalEsafe. Furthermore, the license is not exclusive and upon termination of Customer's account for any reason, any right(s) regarding delivery of the Service or access to any vitalEsafe information or Customer data will cease immediately.

Term and Termination   The initial term for the account is monthly or annually, payable as defined in this agreement. Upon the expiration of the initial term or any renewal terms, and, unless otherwise terminated, the Agreement will be automatically renewed for the applicable term. Customer will be notified by E-mail thirty days (30) prior to subscription renewal for an annual account and will be provided with the current pricing for features being utilized by Customer. Accounts may be terminated by Customer by logging into their account and going to the "my account section", however, no amounts already paid will be refunded except at vitalEsafe's sole discretion. vitalEsafe reserves the right to change pricing of any feature at any time. Pricing information will be available on www.vitalesafe.com.

In the event vitalEsafe, Inc. determines, in its sole discretion, that Customer has breached any of the terms and conditions of the Agreement, vitalEsafe may terminate the Service and, in its sole discretion, may refund Customer any unearned Service fees.

Upon termination, for any reason, any and all Customer right to the Service ceases. vitalEsafe will have no obligation to maintain any content in Customer's account or to forward any content to Customer or any third party.

Payment of fees  The vitalEsafe Service as described in this agreement is offered for either a monthly or annual Fee. The Fee will be paid to vitalEsafe by authorized credit card, or when agreed to by vitalEsafe, by check or money transfer. Applicable Fees for the vitalEsafe Service are available at www.vitalEsafe.com. vitalEsafe reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days notice. This notice will be sent to Customer's e-mail that is also used as Customer's VitalEsafe username for login purposes.

Monthly accounts  - The date Customer signs up for the Service is the monthly anniversary date. Customer's authorized credit card will automatically be charged applicable Fees on the day Customer signs up for or changes the Service. Thereafter, applicable Fees will be charged each month to Customer's authorized credit card, on the day of the month the Service was initially charged.

Annual accounts   - The day and month Customer signs up for the Service is Customer's anniversary date. Customer's authorized credit card will automatically be charged applicable Fees on the day Customer signs up for or changes the Service. Thirty (30) days prior to Customer's anniversary date for an annual account, Customer will be sent an e-mail to the e-mail address that is also Customer's vitalEsafe username indicating that Customer's authorized credit card will be billed applicable fees on the anniversary date.

Terms applicable to monthly/annual accounts  - Customer's account will be considered delinquent if Customer's credit card company refuses for any reason to pay the amount billed to it. Access to Customer's account will be denied if it is delinquent, and if Customer's account is not brought current within sixty (60) days, vitalEsafe shall have the right to delete all data stored in Customer's safe.

In the event the account is billed by invoice, any additional terms and conditions on the invoice shall apply. Should Customer order additional option(s) or feature(s) for their vitalEsafe account, Customer will be billed immediately for those additions. Customer will be charged a pro-rated charge for the additional option(s) or feature(s) based on the number of days left until Customer's monthly anniversary date. Subsequently, Customer will be billed for all applicable charges on the monthly anniversary date. Should Customer cancel option(s) or feature(s) after being billed, Customer will not be reimbursed for any days Customer did not use those cancelled option(s) or feature(s).

Additional Provisions Applicable to MyMedSafe   Should Customer use the MyMedSafe feature of the vitalEsafe Service, Customer agrees that Customer is solely responsible for the accuracy and integrity of any health information entered into Customer's MyMedSafe account. This includes Customer's personal information as well as information on other individuals which may be stored in the account. vitalEsafe does not assume any responsibility or liability for any medical information stored in MyMedSafe or for any use or misuse of that information by Customer or third parties.

Information obtained from MyMedSafe is not necessarily complete and does not cover all diseases, ailments, physical or mental conditions. Any promotional or instructional information provided by MyMedSafe does not constitute medical advice or medical services and is not intended to be a substitute for proper medical care provided by physician. Customer should always consult with his/her healthcare professional for appropriate examinations, treatments, testing, and care recommendations. Customer agrees to not rely on information stored in MyMedSafe as a tool for self-diagnosis.

Customer may print or purchase a MyMedSafe card through vitalEsafe. This card will have information including individual name, emergency contact with phone number and a code allowing access to that particular individual's MyMedSafe information. Customer understands and agrees that this will allow anyone with the MyMedSafe card to be able to access the medical information stored in that particular account. The information accessed via the code on the card will not be able to be modified but will be viewable and also available in a printed report. Customer agrees that vitalEsafe and MyMedSafe have no liability for anyone accessing information in Customer's MyMedSafe with or without Customer's knowledge. Should Customer lose their MyMedSafe card, he or she should email This e-mail address is being protected from spambots. You need JavaScript enabled to view it describing the circumstances. After appropriate verification by vitalEsafe, a new access code will be issued to the account and Customer can print or purchase a new MyMedSafe card through vitalEsafe.

Should Customer have a MyMedSafe account allowing multiple family members to be covered, Customer agrees to make them aware of the terms and conditions of vitalEsafe and MyMedSafe, and Customer agrees to indemnify and hold vitalEsafe and MyMedSafe harmless from any access to, use or misuse of information stored in MyMedSafe. There will be a separate MyMedSafe card with a unique access code for each family member having medical information stored in MyMedSafe allowing access only to that member's folder.

The vitalEsafe service and the MyMedSafe product are both not considered to be covered entities as defined in the Health Insurance Portability and Accountability Act of 1996 (HIPPA) and are not, therefore, required to comply with its requirements.

Limitation of Liability and Limited Warranty   Neither vitalEsafe or its service providers shall be liable for any indirect, consequential, exemplary, special, incidental, personal injury or punitive damages, (including without limitation, lost business, revenue, profits, or goodwill) arising in connection with this agreement or the services hereunder (including any service implementation delays/failures), under any theory of tort, contract, warranty, strict liability, negligence, or any other legal or equitable theory, even if the party has been advised of or knew or should have known of the possibility of such potential damages.

Each party acknowledges and accepts the reasonableness of the foregoing disclaimer and limitations of liability. No cause of action under any theory which accrued more than one (1) year prior to the institution of a legal proceeding alleging such cause of action may be asserted by either Party against the other. For purposes of this Section, all references to vitalEsafe, MyMedSafe or any other feature of VitalEsafe and Customer include their respective Affiliates, End Users, agents, officers, directors, shareholders, employees, and Service Providers.

Because of the difficulty in ascertaining damages or even the true cause of such damages, it is agreed that vitalEsafe's liability to the Customer for any losses or damages, whether direct or indirect arising out of the Agreement, shall in no case exceed Fees paid to VitalEsafe for the prior twelve month period.

THERE IS NO OTHER WARRANTY, EXCEPT FOR THE EXPRESS WARRANTIES AND UNDERTAKINGS SET FORTH HEREIN, CUSTOMER'S USE OF THE SERVICES AND TECHNOLOGY IS AT ITS OWN RISK. VITALESAFE, ON BEHALF OF ITSELF AND SUBCONTRACTORS, IF ANY, DOES NOT MAKE AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPIED WARRANTIES OF MERCHANTABILITY, OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. VITALESAFE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

This limited warranty gives you specific legal rights; you may have other rights that vary from state/jurisdiction to state/jurisdiction. Additionally, some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in which event certain of the above limitations may not apply to you.

Customer is solely responsible for any third party claims arising from Customer's use of the Service and agrees to indemnify and hold vitalEsafe, including its subsidiaries, affiliates, officers, directors, associates, content providers, and employees, harmless from any claim, demand, or damage, including reasonable attorney's fees, asserted by any third party due to or arising out of Customer's use of the Service. Customer is solely responsible for any damage done to Customer's computer or any other computer Customer uses to access the Service and for any loss or damage to data that results from the use of the Service.

Customer fully understands and acknowledges that the performance of the vtalEsafe Service and any features of the Service such as MyMedSafe, is solely based on the total performance of communication providers including: telephone providers, circuits, switches, Internet backbone carrier lines, connections, hubs, interchanges and routers which are owned or operated by third parties; and any or all of which may, at any time, be unavailable or overburdened by network traffic. Therefore, Customer agrees that vitalEsafe cannot and will not assume any liability related to the delay or failure of delivery of data maintained in vitalEsafe due to the above or any other reasons such as interception or interruption of data delivery. This section shall supercede any paragraph or any section of the Agreement that may be deemed inconsistent with it.

Merger/Jurisdiction   This agreement is the entire agreement between Customer and vitalEsafe and supersedes any prior agreements or understandings, either written or oral. The agreement will be governed in all respects by the laws of the United States and the State of Alabama. Customer consents to the exclusive jurisdiction of the Alabama State courts and U.S. Federal courts within the State of Alabama for any dispute arising out of this Agreement. This Agreement may not be assigned or sublicensed by Customer without vitalEsafe's prior written consent. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorney's fees.