Terms and Conditions

Defined terms are stated below in the event of any conflict or misunderstanding of the definitions set forth below, the definitions stated herein shall prevail. It is noted that although the words “we” and “you” remain uncapitalized within this document, they are attributed to mean VPI and Member. It is also noted that wherever either number or gender is used herein, the singular number shall include the plural, the plural shall include the singular, and the use of any gender shall include all genders.

“Association” means a formal organization of people or groups of people, e.g. union, club or group of people with a social or business relationship.

“Authorized agent” means any person deemed by Member in writing to be their authorized representative.

“Cancellation” means the act of cancelling; calling off, revoking, annulling, terminating or making void.

“Company” means an association of persons carrying on a commercial or industrial enterprise, e.g. a corporation or employer with greater than 25 employees on their direct payroll.

“Contract” means the contract or relationship between VPI and Member, and shall include all VPI regulations, services, policies and policy transmittals related thereto.

“Discount” means the act of reducing the selling price of membership, e.g. Family & Friends, Companies or Associations.

“Emergency” or “Emergency Services” means a serious medical condition, resulting from injury or sickness which arises suddenly, and requires immediate medical care or treatment to avoid serious physical impairment, or loss of life.

“Family & Friend” means related mother, father, brother, sister, son, daughter, or a person with whom you are acquainted and regard with affection and trust.

“Member” means any person who has accepted the terms and conditions set forth below and has paid in full for their membership.

“Number & Gender” means whenever either is used herein, the singular number shall include the plural, the plural shall include the singular, and the use of any gender shall include all genders.

“VPI” means Vital Personal Information, Vital Personal Information.com, Vital Person Info, Vitalpersonalinfo.com, VPI.com, and all possible variations thereof.

“Wallet Card” means your VPI credit card sized identification document.

Membership:  The only way to become a Member is by accepting the terms and conditions of this agreement. The duration of membership can be for either one year, or you may choose a Lifetime membership. A Lifetime membership is defined as lasting  for Lifetime of VPI. Your initial membership entitles you to member benefits including, but not limited to:

·         Instantly print a temporary member Wallet Card

·         A plastic replacement card will be mailed to you

·         Online access to create & edit your Vital Personal Information

·         Online access to your Vital Personal Information by emergency personnel

·         Storage of your Vital Personal Information on the computer system of VPI’s choice

·         Future opportunities to purchase additional identity items as they are developed

 VPI can change the benefits and services associated with membership at any time. This includes changing any or all of the terms and conditions of this agreement, including the prices and services provided.

Sign-up: You must purchase a membership before becoming a Member and receiving member benefits and services. By becoming a VPI Member, you authorize VPI to charge your credit card or debit card in the amount of the Membership Fee, less any applicable Discounts.

VPI will charge your credit or debit card and bill you for your membership and any additionally selected items. If your credit or debit card provider refuses a charge, VPI can terminate or suspend your membership. VPI will only accept requests from a Member (or from someone VPI can confirm is your Authorized Agent) to activate, cancel, change, reactivate, or renew your membership. If your membership expires and you have not chosen to renew it automatically, it will become inactive.

Renewal

You may choose to have your membership automatically renewed on your credit or debit card for a new twelve (12) month term. VPI will continue to renew your membership automatically each year, until you notify VPI that you wish to cancel your service or renew it for a longer period of time.

Cancellation

You may cancel your VPI membership at any time, by contacting VPI in writing via email of your intent to cancel your membership. Cancellation of your membership does not entitle you to a refund for amounts already paid. Membership will expire if it is not renewed, and personal information will be deleted thirty (30) days after a membership expires.

We may cancel your VPI membership without prior notice to you without cause. This means, for example, we can cancel your membership if you breach any part of this agreement, do not pay the membership fee, interfere with our efforts to provide service, interfere with our business, or if your membership is used for illegal or improper purposes. You do not have any right to have your membership reinstated. The decision to allow you be a Member again is entirely up to VPI.

VPI can change the benefits and services associated with membership at any time. This includes changing any or all of the terms and conditions of this agreement, including the prices and services provided.

Member Responsibility

It is your responsibility as a Member to keep your online Vital Personal Information current and maintain its accuracy by accessing your account online, reviewing and where necessary updating your file with any new information. Note: VPI does not review the information to make sure it is correct and is not liable for any errors in any information that you provided or that your Authorized Agent provided to VPI for uploading to your account. It is strongly advised that you do not post information that could cause you any damages, such as social security numbers, etc.

VPI retains the right, in its sole discretion, to increase, at any time, the Membership Fee, which you must pay on an annual basis. The Membership Fee will be charged to your credit card on the anniversary of your account activation, unless the account is terminated in accordance with the VPI Cancellation policies. You may update your credit card information at any time through the Billing Information profile.

Should your credit card be inactive or we are otherwise unable to process the Membership Fee due at the Billing Date, we will contact you. You will then have 30 days to update your credit card information in the Billing Information profile. If at the end of 30 days your credit card is still inactive, or we are unable to process the Membership Fee due, VPI reserves the right to remove your information from our database and server and terminate your membership, without any further notice or any liability to you or any third party.  If you object to any fees or charges for services billed by or through us, you must communicate to us in writing within 60 days after the fee or charge is incurred, or you are waiving the right to dispute such charges.

Taxes, Fees and Surcharges: Members promise to pay all taxes, fees, and surcharges set by any governments and charged to you by us.

VPI Responsibility

Membership will provide:  

VPI does not make any warranties, either express or implied, about the services we provide. The services VPI provides to Members are intended as a convenience. VPI is not an insurance company. Members are expected to obtain and maintain appropriate insurance for personal injury, loss of property, and other risks.

If you have authorized VPI to charge amounts due against your credit or debit card account, or other similar account, by giving us a card or account number, then your agreement extends to claims, expenses, liabilities, or damages arising out of or in connection with the use or ownership of the credit or debit card account or other similar payment account, or from the issuer’s refusal to pay amounts charged to such account.

Information

We may collect information about you and your contacts from the VPI web pages and forms you complete online when you become a Member. We may also collect information over the telephone. VPI will not share the information it gathers with any other party. You agree that we can use this information to:

Communication

We may monitor communications with Members to improve the quality of our member service. Because VPI may deliver member service through wireless networks, we cannot promise that communications will not be intercepted by others. VPI strongly recommends that you do not post information that could cause damage, such as social security numbers, etc.  By becoming a Member you agree VPI will not be liable for any damages for any loss of privacy occurring in communication over such networks.

Waiver of Rights

You and VPI each are waiving important rights unless forbidden by law in a particular circumstance, we and our Members agree to the following:

Dispute Resolution

If there is a disagreement related to VPI membership services, we will try to resolve it by speaking with each other. If we cannot resolve our disagreement in this way, we both agree, to the fullest extent permitted by law, to use arbitration, not lawsuits to resolve the dispute.  To the fullest extent permitted by law and except as explicitly provided otherwise, this agreement and any disputes arising out of or relating to it will be governed by the laws of the state of California without regard to its conflict of law principles, and by any applicable tariffs, wherever filed.

Any written notice from you required by this agreement will be considered given when we receive it at our corporate address: 33 Niguel Pointe Drive, Laguna Niguel, CA 92677-5152

Any written notice from you required by this agreement will be considered given when we receive it at our corporate address: 33 Niguel Pointe Drive, Laguna Niguel, CA 92677 or by filling out our contact form

Any written notice from us required by this agreement will be considered given three days after we mail it to you at the billing address or your email address we have on file for you at the time.

No fiduciary relationship exists between our Members and VPI.

Assignment

VPI can assign this agreement or and Member obligations to pay under it in whole or in part to anyone we choose. Members cannot assign this agreement or obligations to anyone else without VPI’S prior consent.

Agreement

This agreement is the entire agreement between you and VPI. It supersedes all other agreements or representations, oral or written, between us, past or present. If any part of this agreement is considered invalid by a court or arbitrator, the rest of it will remain enforceable. Even after this agreement has ended, its provisions will govern any disputes arising out of or relating to it (unless it has been replaced by a new agreement between us). It will also be binding on your heirs and successors and on our successors. No waiver of any part of this agreement, or of any breach of it, in any one instance will require us to waive any other instance or breach. In some circumstances we might decide to provide you service voluntarily even if you would not otherwise qualify for Member benefits. This activity or this statement will not be a waiver or require us to do so in the future. You agree that we will not be liable for anything resulting from our provision of such voluntary service

Liability:

You agree that VPI will not be held liable for any improper or incorrect use of this Site or the materials on the Site and assumes no responsibility for any user's activities on the Site or for the inaccuracy of any content on the Site. In no event will VPI be liable for any direct, indirect, incidental, special, exemplary or consequential damages, including, without limitation, procurement of substitute goods or services, loss of use, data arising in any way out of the use of (or inability to use) the Site or the materials on the Site or the inaccuracy of any content on the Site, however caused, under any theory of liability.

This disclaimer of liability applies to any damages or injury under any cause of action, including, without limitation, those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or bug, communication line failure, theft, destruction or alteration of or unauthorized access to the Site or materials on the Site. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so some or all of the above exclusions or limitations may not apply to you.

In no event shall VPI’s total liability to you from all damages, losses, and causes of action resulting from your use of VPI’s services, whether in Contract, tort, (including, but not limited to negligence), strict liability or otherwise, exceed the fees paid by you to VPI.

Disclaimer of Warranties

The information on this site is intended for general information purposes only and is not intended to replace the services of a trained healthcare professional. VPI cannot render medical or any other advice. All information, including your Medical Profile, are provided to VPI by you and/or your Authorized Agent at your request. VPI does not inspect these records for completeness or accuracy.

VPI does not represent, guarantee or warrant that the information accessible via our website or other services is always accurate, complete or current. Therefore VPI shall not be held responsible or liable for any actions taken, either wholly or in part, based on the information provided on our site, or for any loss, damage, expense or injury resulting from any transactions conducted with VPI. The VPI service and everything on the Web site is provided to you "as is" and "as available". VPI makes no representations or warranties of any kind with respect to its services, the web site or its content. VPI does not warrant that its Web site is free of viruses or other harmful components that may affect your computer. Access to information on the VPI web site depends upon operation of Internet and telecommunications facilities which are not owned or controlled by VPI. VPI therefore assumes no liability for any transmission delay, service interruption, data corruption or other problem connected with accessing the VPI web site.

VPI disclaims all representations and warranties, including, for example warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, no information, whether oral or written, obtained from you by VPI or its agents or employees shall create any warranty not expressly made in these Terms & Conditions. If any applicable authority holds any portion of this section to be unenforceable, then warranties will be disclaimed to the fullest possible extent permitted by applicable law.

VPI disclaims all representation and warranties, expressed or implied, with respect to such information services and materials, including but not limited to warranties of merchantability and fitness for a particular purpose, as well as representations and warranties of title, and non-infringement, freedom from computer viruses, worms and other operating problems, and implied warranties arising from course of dealing or course of performance. In addition, no information whether oral or written, obtained or implied by VPI or its agents or employees shall create any warranty not expressly made in these Terms and Conditions. If any applicable authority holds any portion of this section to be unenforceable, then warranties will be disclaimed to the fullest possible extent permitted by law.

VPI® is a registered trademark of Vital Personal Information.com The VPI Site and all materials on this Site, including, without limitation, "VPI" and all other trademarks and logos on the Site, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as specifically permitted in this Agreement, the VPI Agreement or by express written consent of VPI, you may not use the Site or the material on the Site in any manner.

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