Terms and Conditions - effective 8/1/2025

Overview

The following terms and conditions govern all use of the vibrantoutcomes.com website and all content, services, and products available at or through the website (taken together, “Site,” “Website” or “Service”).  The Website is owned and operated by Susan P Swartz of Vibrant Outcomes LLC (“Susan P Swartz/Vibrant Outcomes”).  The Website is offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Vibrant Outcomes’ Privacy Policy) and procedures that may be published from time to time on the Site by Susan P Swartz/Vibrant Outcomes LLC (collectively, the “Agreement”). All visitors (“user,” “you,” or “your”) are bound by these Terms and Conditions.  The terms “we”, “us”, and “our” refer to Susan P Swartz and Vibrant Outcomes LLC.  Accessing any area of this Site shall be deemed a use of the Site and an acceptance to the terms and conditions provided herein.

Site Use

Please read this Agreement carefully before accessing or using the Website and before purchasing a service from Susan P Swartz.  By accessing or using any part of the website or purchasing a service, you agree to become bound by the terms and conditions of this agreement.  If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.  If these terms and conditions are considered an offer by Susan P Swartz/Vibrant Outcomes LLC, acceptance is expressly limited to these terms.  The Website and services are available only to individuals who are at least 18 years old.

Information provided on the Site and related to Vibrant Outcomes services is subject to change.  Vibrant Outcomes LLC makes no representation or warranty that the information provided is accurate. 

In order to use the Site and Services, you may be required to provide information about yourself including your name, email address, and other personal information.  You agree that any registration information you give to Vibrant Outcomes LLC will always be accurate, correct and up to date.  You shall only be allowed to provide your own personal information and not the information of others. 

You may use the Site and the Services for lawful purposes only.  You shall not post on the Site anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Site.  This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.

Failure to comply with the terms and conditions listed here may cause you to be removed from the Site.

Intellectual Property

The entire contents of this website are protected by intellectual property law, including international copyright and trademark laws.  The owner of the copyrights and/or trademarks are the website.

You do not own rights to any article, book, ebook, document, blog post, software, application, add-on, plugin, art, graphics, images, photos, video, webinar, recording or other materials viewed or listened to through or from the website or via email or by way of protected content in a membership site.  The posting of data on the website, such as a blog comment, does not change this fact and does not give you any right in the data.  You surrender any rights to your content once it becomes part of the website.

You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the content of the website, including text, graphics, code and/or software.  You must retain all copyright and other proprietary notices contained in the original content on any copy you make of the content.  You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose.  The use of paid content on any other website or in a networked computer environment for any purpose is prohibited.  If you violate any of the terms or conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of the content.

You are granted a nonexclusive, nontransferable, revocable license to use the website only for private, personal, noncommercial reasons.  You may print and download portions of material from the different areas of the website solely for your own non-commercial use, provided that you agree not to change the content from its original form.  Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download.  Also note that any notice on any portion of the website that forbids printing and downloading trumps all prior statements and controls.

As a user you agree to use the products and services offered by the website in a manner consistent with all applicable local, state and federal laws and regulations.  No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, profane, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights.

This website prohibits conduct that might constitute a criminal offense, give rise to civil liability or otherwise violate any law.  Any activity that restricts or inhibits any other user from using the services of the website is also prohibited.  Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on the website.

You agree to grant to the website a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of our website (such as bulletin boards, forums, blog, and newsgroups) or by email to the website by all means and in any media now known or hereafter developed.  You also grant to the website the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto.  You agree that you shall have no recourse against the website for any alleged or actual infringement or misappropriation of any proprietary right in your communications to the website.

You may provide links to the website, provided you do not change, remove, or obscure the copyright notice or other notices on the website.  Your website or other source of links must not engage in illegal or pornographic activities.  Finally, you may link provided you understand that you must stop linking to the website immediately upon request by this website.

Limitation of Liability

Under no circumstances shall Vibrant Outcomes LLC be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or the Services, including but not limited to negligence.  Additionally, Vibrant Outcomes LLC is not liable for damages in connection with 1) any failure of performance, error, omission, denial or service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; 2) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.  The foregoing applies even if Vibrant Outcomes LLC has been advised of the possibility of or could have foreseen the damages.  In those states that do not allow the exclusion or limitation of liability for the damages, the liability of Vibrant Outcomes LLC is limited to the fullest possible extent permitted by law.  In no event shall Vibrant Outcomes LLC cumulative liability to you exceed $100.

The content may contain inaccuracies or typographical errors.  The website makes no representation about the accuracy, reliability, completeness, or timeliness of the content or about the results to be obtained from using the website or the content on it.  Use of the website and the content is at your own risk.  Changes are periodically made to the website, and may be made at any time.

This website does not warrant that the website will operate error-free or that the website and its server are free of computer viruses and other harmful goods or conditions.  If your use of the website or the content results in the need for servicing or replacing equipment or data, the website is not responsible for those costs.

Third Parties

The Site may contain links to third party websites and resources.  You acknowledge and agree that Vibrant Outcomes LLC is not responsible or liable for the information or services of these third-party websites or resources.  Links to such websites or resources do not imply any endorsement by or affiliation with Vibrant Outcomes LLC.  Unless otherwise stated, these Terms and Conditions only cover the use of this Site.  Any other link will be covered by the terms and conditions of that specific site.  You acknowledge and accept that Vibrant Outcomes LLC is not responsible for the terms or practices of third parties.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnification

You shall indemnify and hold Vibrant Outcomes LLC harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Terms and Conditions, or any use by you of the Site or Services.  You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing Vibrant Outcomes LLC with such information, documentation and reasonable access to you, as we deem necessary.  You shall not settle any third-party claim or waive any defense without our prior written consent.

Governing law; venue; mediation

This Agreement shall be construed in accordance with, and governed by, the laws of the Sate of NC, exclusive of its choice of law rules.  The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by good faith negotiation.  The exclusive venue for any arbitration or court proceeding based on or arising out of the Agreement shall be Durham, NC and any such award shall be binding on the parties.  The prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Termination/Right to Deny Service

Susan P Swartz/Vibrant Outcomes LLC may terminate your access to all or any part of the Website and deny service at any time, with or without cause, with or without notice, effective immediately.  If you wish to terminate this Agreement you may simply discontinue using the Website.  All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Miscellaneous

Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns.  These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.

These Terms and Conditions constitute the entire agreement between the parties with respect to its relationship and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof.  No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.

The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.

By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.  We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site.  By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.

Contact

If you have any questions or concerns regarding our policies or disclaimer, you may contact us at:  susan@vibrantoutcomes.com