TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE www.elanvitalwomenshealth.com (the “Site”). By using this Site, you signify your consent to these terms of use. If you do not agree with these Terms of Use, please do not use the Site.
This Site is owned and run by Robin Davenport, APRN. dba Elan Vital Health and Wellness (“Elan Vital Health and Wellness,” “we,” “our” or “us”). Your access to and use of this Site is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are the property of Elan Vital Health and Wellness and/or its third-party providers. You agree that the Elan Vital Health and Wellness Content shall include all proprietary videos, HTML/CSS, JavaScript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site. Subject to your compliance with these Terms of Use, Elan Vital Health and Wellness hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Elan Vital Health and Wellness Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Elan Vital Health and Wellness. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of Elan Vital Health and Wellness, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, change, send or use the content of the Site or any Content, including all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of Elan Vital Health and Wellness.
2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of Elan Vital Health and Wellness and/or a supplier to Elan Vital Health and Wellness. No such materials may be used except as provided in these Terms of Use.
3. All trade names, trademarks, and images used in Elan Vital Health and Wellness Content and contained in the Site, including without limitation the name and trademark “ELAN VITAL HEALTH AND WELLNESS”, are either the property of, or used with permission by, Elan Vital Health and Wellness. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of Elan Vital Health and Wellness and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of Elan Vital Health and Wellness or third-party owner Elan Vital Health and Wellness. respects the copyright, trademark and all other intellectual property rights of others. Elan Vital Health and Wellness has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may let Elan know Vital Health and Wellness at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
4. While Elan Vital Health and Wellness makes reasonable efforts to include correct and up-to-date information on the Site, Elan Vital Health and Wellness makes no warranties or representations as to its accuracy. Elan Vital Health and Wellness assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with Elan Vital Health and Wellness and/or this Site, you expressly consent to receiving any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Elan Vital Health and Wellness. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to Elan Vital Health and Wellness, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of. Elan Vital Health and Wellness No submission shall be subject to any obligation of confidence on the part of Elan Vital Health and Wellness. Elan Vital Health and Wellness shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. Elan Vital Health and Wellness shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system, whether it is password protected, can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, change, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
8. Elan Vital Health and Wellness will not intentionally disclose any personally identifying information about you to third parties, except where Elan Vital Health and Wellness, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of Elan Vital Health and Wellness Privacy Policy found at: https://www.elanvitalwomenshealth.com/privacy-policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
9. NEITHER ELANVITALHEALTHANDWELLNESS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ELAN VITAL HEALTH AND WELLNESS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. ELAN VITAL HEALTH AND WELLNESS LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR ELAN VITAL HEALTH AND WELLNESS’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, ELAN VITAL HEALTH AND WELLNESS CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. ELAN VITAL HEALTH AND WELLNESS DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. ELAN VITAL HEALTH AND WELLNESS SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
10. ELAN VITAL HEALTH AND WELLNESS SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR SERVICE PROVIDER (including, for example, your web service provider service, Stripe or any other payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. ELAN VITAL HEALTH AND WELLNESS RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER ELAN VITAL HEALTH AND WELLNESS IS RESPONSIBLE FOR ANY MALFUNCTION OR DISRUPTION. ELAN VITAL HEALTH AND WELLNESS ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD ELAN VITAL HEALTH AND WELLNESS DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF ELAN VITAL HEALTH AND WELLNESS. ELAN VITAL HEALTH AND WELLNESS RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR ELAN VITAL HEALTH AND WELLNESS’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. ELAN VITAL HEALTH AND WELLNESS RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER ELAN VITAL HEALTH AND WELLNESS IS RESPONSIBLE FOR ANY MALFUNCTION OR DISRUPTION. ELAN HEALTH AND WELLNESS MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATATED PORTION THEREOF CONSISTENT WITH ELAN VITAL HEALTH AND WELLNESS’S REFUND POLICY. ELAN VITAL HEALTH AND WELLNESS SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO ELAN VITAL HEALTH AND WELLNESS’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
11. IN NO EVENT SHALL ELAN VITAL HEALTH AND WELLNESS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HERE UNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF ELAN VITAL HEALTH AND WELLNESS HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
12. You agree to indemnify and hold Elan Vital Health and Wellness and each of its directors, officers, employees, collaborating physician, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that Elan Vital Health and Wellness may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. Elan Vital Health and Wellness reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such an event, you should provide Elan Vital Health and Wellness with such cooperation as is reasonably requested by Elan Vital Health and Wellness.
13. The provisions of these Terms of Use are for the benefit of Elan Vital Health and Wellness, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
14. This agreement shall be governed by and construed per the laws of the State of Florida and Washington, without giving effect to any principles of conflicts of law. You further submit to the exclusive authority of the state and federal courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision will be considered severable from this agreement and will not affect the validity and enforceability of any remaining provisions.
15. DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Elan Vital Health and Wellness to locate the material.
Information reasonably sufficient to permit Elan Vital Health and Wellness to contact you, such as an address, telephone number, and, if available, electronic mail.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is correct, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may direct copyright infringement notifications to us at: [email protected]
You acknowledge that if you do not follow all the requirements of this section, your DMCA notice may not be valid.
16. These Terms of Use may be revised from time to time by updating this post. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.
Last Updated: January 30,
2025Copyright @ 2025, Elan Vital Health and Wellness, All Right Reserved
*Medical Disclaimer: The information on this site is for informational purposes only and does not create a doctor-patient relationship. This information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Results described within this site vary per individual and there are no guarantees as to results.
Important Disclaimer and Terms of Use
The information provided on this website, Elan Vital Health and Wellness LLC, is for general informational purposes only and should not be construed as medical advice, diagnosis, or treatment. While we strive to provide accurate and up-to-date content, the information on this site is not a substitute for professional medical advice, consultation, diagnosis, or treatment by a qualified healthcare provider.
Medical Disclaimer:
No Medical Advice: The content on this website, including text, graphics, images, and other material, is intended for informational purposes only. It is not intended to replace professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified healthcare provider with any questions you may have regarding a medical condition or treatment.
No Doctor-Patient Relationship: The use of this website or communication through this website does not establish a doctor-patient relationship between you and any of the health professionals at Elan Vital Health and Wellness LLC. Information received from this site or any links to other websites should not be considered a substitute for professional medical advice or treatment.
Limitation of Liability: Elan Vital Health and Wellness LLC, its owners, employees, and affiliates are not liable for any direct, indirect, incidental, consequential, or punitive damages arising from your access to, use of, or inability to use this website or any materials, information, or services made available through this site. This includes, but is not limited to, any damage’s you may suffer as a result of reliance on the content provided.
Health and Wellness Information: While we provide information on health, wellness, nutrition, fitness, and medical conditions, this information is not a substitute for professional medical advice. Individual health conditions and needs can vary; therefore, it is important to consult with a healthcare provider for advice tailored to your specific health situation.
Third-Party Links: This website may contain links to third-party websites that are not owned or controlled by Elan Vital Health and Wellness LLC. We do not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites. Accessing third-party websites linked from this site is done at your own risk.
Testimonials and Results: Any testimonials, case studies, or examples found on this website are exceptional results that do not necessarily apply to the average person and are not intended to guarantee, promise, represent, and/or assure that anyone will achieve the same or similar results.
Changes to this Disclaimer: Elan Vital Health and Wellness LLC reserves the right to modify this disclaimer at any time. Changes will be effective immediately upon posting on this page. It is your responsibility to review this disclaimer periodically for any updates.
Contact Information: If you have any questions or concerns about this disclaimer or the practices of this website, please contact us at: Elan Vital Health and Wellness LLC Email: [email protected], Phone: (561) 851-4377 Address: Lake Worth, Fl. By using this website, you acknowledge that you have read, understood, and agree to the terms and conditions of this disclaimer. If you do not agree with any part of this disclaimer, please do not use our website or services.
When you register with Elan Vital Health and Wellness and/or this Site, you expressly consent to receiving any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Elan Vital Health and Wellness. You consent to receive notices electronically by way of transmitting the notice to you by email.