Last Updated: [Date]
1. Introduction
These Terms & Conditions (“Terms”) govern your access to and use of the VitaVault website (the “Website”), including all features, content, and services available on or through the Website (collectively, the “Services”). By accessing or using the Website or Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Website or Services.
2. Use of the Website and Services
- Permitted Use: You may use the Website and Services only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Website or Services for any unlawful purpose or any purpose prohibited by these Terms.
- Use any automated means, including scripts, robots, crawlers, or spiders, to access, monitor, or copy any part of the Website or Services without our prior written consent.
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or Services.
- Introduce any viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website.
- Engage in any activity that disrupts or interferes with the Website or Services, including, but not limited to, spamming, flooding, or overloading servers.
- Collect or use any personal information of other users without their prior consent.
- Impersonate any person or entity, or falsely claim an affiliation with any person or entity.
- Violate any applicable laws or regulations.
- Account Security: If you create an account on the Website, you are responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account.
3. Intellectual Property
- Ownership: The Website and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by or licensed to us, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Limited License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and Services for your personal use only. This license does not include any right to:
- Resell or redistribute any portion of the Website or Services.
- Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website.
- Use any data mining, robots, or similar data gathering and extraction tools.
- Download (other than page caching) any portion of the Website or any information contained thereon, except as expressly permitted on the Website.
- Use any meta tags or any other “hidden text” utilizing our name or trademarks.
- Trademarks: All trademarks, service marks, logos, and trade names displayed on the Website or used in connection with the Services are trademarks or registered trademarks of ours or our licensors. You may not use any of our trademarks without our prior written consent.
4. User Content
- User Content: You may be able to submit, post, display, transmit, or otherwise make available on or through the Website certain information, data, text, files, links, software, photos, videos, sounds, music, and other content (collectively, “User Content”). You are solely responsible for the User Content that you upload, post, or otherwise make available on or through the Website.
- License Grant: By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (in whole or in part) worldwide and/or to incorporate it into other works in any form, media, or technology now known or later developed.
- Representations and Warranties: You represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all User Content that you provide; and (ii) the User Content does not infringe upon the intellectual property rights, publicity, privacy, or other rights of any third party.
- Removal of User Content: We reserve the right, but not the obligation, to monitor, edit, or remove any User Content that we determine, in our sole discretion, is inappropriate, offensive, or violates these Terms.
5. Product Information and Availability
- Product Descriptions: We attempt to be as accurate as possible in describing our products. However, we do not warrant that product descriptions or other content on the Website is accurate, complete, reliable, current, or error-free.
- Product Availability: The availability of products on the Website is subject to change without notice. We reserve the right to discontinue or modify any products or services offered on the Website at any time.
- Pricing: Prices for products are subject to change without notice. We reserve the right to correct any errors in pricing and descriptions.
6. Purchases and Payments
- Order Acceptance: All orders are subject to acceptance by us. We may, in our sole discretion, refuse or cancel any order for any reason.
- Payment Methods: We accept various payment methods, as indicated on the Website. You agree to pay all charges incurred by you or any users of your account for the use of the Services and to pay all applicable taxes.
- Taxes: Sales tax will be charged for orders shipped to locations where we are required to collect sales tax.
- Payment Security: We use commercially reasonable efforts to protect your payment information. However, we cannot guarantee the security of any information transmitted over the internet. You are responsible for maintaining the confidentiality of your account and payment information.
7. Shipping and Delivery
- Shipping Options: We may offer various shipping options for physical products.
- Shipping Costs: Shipping costs, if applicable, will be calculated and displayed during the checkout process.
- Delivery Times: Estimated delivery times are provided for informational purposes only and are not guaranteed.
- Risk of Loss: The risk of loss for physical products passes to you upon delivery to the carrier.
8. Returns and Refunds
- Return Policy: Our Return Policy is incorporated into these Terms by reference and is available on the Website. Please review our Return Policy carefully before making a purchase.
- Refunds: If a refund is issued, it will be credited to the original payment method used for the purchase.
9. Intellectual Property Infringement
If you believe that any material on the Website infringes upon your copyrights, please notify us by sending a written notice to our designated copyright agent.
10. Disclaimer of Warranties
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR SERVICES IN TERMS OF THEIR ACCURACY, RELIABILITY, OR OTHERWISE.
11. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA LOSS, LOSS OF USE, OR LOSS OF GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU TO US FOR THE USE OF THE WEBSITE OR SERVICES DURING THE THREE (3) MONTHS PRIOR TO THE FIRST OCCURRENCE OF THE CLAIM OR $100.00.
12. Indemnification
You agree to indemnify and hold us, our affiliates, subsidiaries, directors, officers, employees, agents, licensors, and suppliers harmless from and against any claims, actions, demands, liabilities, judgments, losses, damages, costs, and expenses (including attorneys’ fees) arising out of or in any way connected with your use of the Website or Services, your violation of these Terms, or your violation of any rights of another.
13. Third-Party Websites and Services
The Website may contain links to third-party websites and services that are not owned or controlled by us. We are not responsible for the content, accuracy, or opinions expressed on such third-party websites. You access and interact with such third-party websites and services at your own risk.