Terms of Use

Last updated: 04/2024

General

These Terms of Use regulate the conditions of access and navigation through this website, owned and operated by Vital Records Direct SL (hereinafter, “the Company”, “We”).

The access and navigation through this website are voluntary and free of charge and automatically grant the interested person the status of “User” (hereinafter, “the User”, “you”). Such status implies full acceptance of the present Terms of Use. Therefore, we recommend that you carefully read the following Terms of Use before using this website. In the event that you do not agree to be bound by these Terms of Use, please do not access or continue to use the website.

These Terms of Use may be updated, at any time and without prior notice to the User, in order to comply with applicable laws and regulations, according to business matters or because of changes in the provision of services or functionalities of our website. The new Terms of Use will be applicable as soon as they are published on the website. Therefore, the User acknowledges and accepts that it is his/her responsibility to periodically review these Terms of Use.

The User accepts that they will access and navigate this website complying with all the applicable laws and regulations currently in force, as well as in accordance with these Terms of Use.

If any part or clause of these Terms of Use is declared null and void by any judicial decision, the remaining part and/or clauses will remain valid.

Information and Website Services

The present website can only be used by adults with legal capacity. Therefore, if you do not have the required legal age in accordance with the applicable laws and regulations of your birth and/or residence country, please do not visit or use this website. In this sense, the Company reserves the right to block access to this website, without prior notice, to Users who do not comply with this requirement.

We provide private professional assistance services related to obtaining original copies of vital records issued by the U.S Health Department States Offices (hereinafter, “the Services”). For further information regarding the Services, please consult our Terms and Conditions

The Company:

• Is not affiliated, enforced, operated, or owned by the U.S. Government. This website is not a U.S State Department website.
• Is not a law firm and, therefore, does not provide legal advice or legal representation. No attorney-client relationship is formalized by using the Services offered herein. The Services offered through this website do not replace, in any case, a licensed attorney or specialized law firm. Therefore, if you think you need it, we recommend that you consult with a duly licensed attorney.

Rules of Conduct

The User must use this website, its content, and services in accordance with the present Terms of Use, the currently applicable laws and regulations, common decency, morality, and public order at all times. In particular, but without limitation, the User shall not:

• Hire the Services offered if you do not meet the required legal age and have the legal capacity to enter into contracts according to applicable laws and regulations of your country.
• Make inappropriate or illicit use of our website content, as well as the information about the Services, offered and/or use it to engage in illegal activities or those harmful to the interests or rights of the Company and/or of third parties;
• Restrict or prevent any other User from using and enjoying this website;
• Copy, distribute, or modify any part of this website without prior written authorization from the Company with or without commercial purposes;
• Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or that enforce limitations on the use of the website;
• Send or disseminate information, codes, or content that could reduce, harm, disturb or impede any User’s access or normal use of this website and/or damage or harm equipment belonging to the Company (like servers or networks connected to the website) or to other Users. This includes but is not limited to malware, viruses, logic bombs, etc;
• Breach the Company’s intellectual property rights, this includes but is not limited to using, modifying, creating derivative works of, transferring (by sale, resale, license, sublicense, download, or otherwise), reproducing, distributing, displaying, or disclosing any content of this website, without prior written authorization from the Company.
• Breach third parties’ intellectual property rights in connection to the access or use of this website.

The access of a User who does not comply with these Terms of Use may be blocked and/or suspended at any time and without prior notice in order to maintain the quality, security, and availability of the present website.

Limitation of Guarantees and Liability

The use of the present website is at the User’s own responsibility and risk. The Company makes its best efforts to ensure the availability of the website and the safe navigation of the User. However, access to this website may be punctually interrupted by maintenance tasks and/or updates of the contents and/or services offered through it. Also, we cannot guarantee that the website will be maintained without interruptions, delays, errors or omissions for reasons beyond our control, as well as for possible damages that may be caused by third parties through illegitimate intrusion beyond our control.

The Company will make its best efforts to keep the information regarding the vital records application process as well as the content of the application forms offered by the Company updated, according to the U.S Health Department States Offices’ information. However, if you detect any inaccuracies, we kindly ask you to contact our Customer Service Team and advise them, by email info@livingproofnow.com or through our Contact Form. In any case, the Company shall be exempt from any liability arising from possible errors in the content and information that may appear on this website, provided they are not attributable to it. Therefore, this website content is provided on an “as is” basis, without establishing express or implicit guarantees of any kind, including, but not limited to, guarantees of fitness for a particular purpose, accuracy, completeness, and currentness.

Neither the Company nor its partners, suppliers, employees, or representatives will consequently be liable for any error or omission on the website or if the content and information of this website is used by a User or a third party for unlawful purposes and/or to cause damage to third parties or to the Company’s reputation.

Furthermore, the Company will not assume any responsibility for access to this website by Users under the required legal age according to their country’s applicable laws and regulations, being the responsibility of their parents and/or legal guardians to exercise an adequate level of control over the activity and/or use of the Internet by their dependent children or minors in order to prevent their access to websites whose content is not suitable or recommended for minors, as well as the sending of personal data without the prior authorization of their parents or legal guardians.

The Company will be exempt from any liability that may arise from the breach of these Terms of Use by the User.

Intellectual Property Rights

www.livingproofnow.com is a domain registered by the Company. Therefore, it cannot be used by third parties in connection with other products and/or services other than those offered on this website in any way that may cause confusion between our Users and/or customers and/or discredit the Company.

The totality of the elements contained on this website, whether it be texts, articles, descriptions, images, graphics, sounds, videos, brands, logos, interactive features, or any other element, its structure and design, the selection and presentation of the content and elements included therein, and the software necessary for its operation, access and utilization are the property of the Company or, as the case may be, its corresponding licensors. All the elements of the present website are protected by industrial and intellectual property rights that must be respected by the User.

The reproduction, copying, distribution, public communication, transformation or, in general, any use of the protected elements of this website without the Company’s prior written consent is expressly and totally prohibited.

We reserve all the industrial and intellectual property rights that are not expressly granted or indicated in these Terms of Use and that correspond to us in accordance with the currently applicable laws and regulations.

The access and use of this website does not imply in any way the transfer to the User and/or customer of the intellectual or industrial property rights of the Company, nor does the granting of a license or authorization to reproduce and/or distribute the website and/or its elements.

The Company reserves the right to take legal action against users who infringe on their intellectual and industrial property rights in any way.

Privacy

The Company is firmly committed to the privacy of Users and customers. The personal data that you provide us when completing the vital record application form you have selected, as well as those obtained from your navigation and/or use of this website, will be processed as stated in our Privacy & Cookies Policy

The Company has adopted the appropriate technical and organizational measures to guarantee the confidentiality, integrity, availability, and security of the personal data processed.

Jurisdiction and Applicable Laws

These Terms of Use shall be governed by and construed in accordance with the currently applicable Spanish laws and regulations.

In case of controversy or disagreement between the Customer and the Company arising from these Terms and Conditions, both parties agree to submit their resolution, at their free choice and expressly waiving any other jurisdiction to which they may be entitled, to the competent Courts and Tribunals of the place of residence of the Customer.

The non-exercise by the Company of any right provided or derived from these Terms of Use shall not be construed, under any circumstances, as a waiver of said right, unless expressly and in writing renounced by the Company or by the legal prescription of the action, according to the applicable current law or regulation.

The nullity, total or partial, of any of the provisions of these Terms of Use, will not affect the validity of the other provisions.