Terms of Use

Vital Biologics LLC Terms of Use

Updated: February 10, 2016

 

Vital Biologics LLC. (“Vital Biologics” “we,” or “us”) operates Vital Biologics website (“Site”) known as vitalbiologics.com. By using Vital Biologics Site in any way, you accept these Terms of Use (“Agreement”). If you do not wish to be bound by this Agreement, do not use Vital Biologics Site.

 

1.Who May Use Vital Biologics Site

You must be at least 18 (18) years old to use Vital Biologics Site. Use is void where prohibited. By using Vital Biologics Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2.License to Use Vital Biologics

Vital Biologics grants you a limited, non-exclusive license to access and use Vital Biologics Site for your own personal, non-commercial purposes.  This license is personal to you and may not be assigned or sublicensed to anyone else. Except as expressly permitted by Vital Biologics in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble Vital Biologics Site.  Nor will you take any measures to interfere with or damage Vital Biologics.  All rights not expressly granted by Vital Biologics are reserved.

3.Privacy

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement.  Please review the Privacy Policy to learn:

  • What information we may collect about you
  • What we use that information for
  • What third-party information you are agreeing to share
  • With whom we share that information
4. Copyright and Trademarks

    This Site and any Affiliate contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Vital Biologics, LLC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Vital Biologics, LLC or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Trademarks that are located within or on the site or app shall not be deemed to be in the public domain but rather the exclusive property of Vital Biologics LLC, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Vital Biologics LLC unless otherwise stated.

    5. Health Related Information

      The information contained in the Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Site (including, but not limited to, information that may be provided on the Site by healthcare or nutrition professionals employed by or contracting with Vital Biologics) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.

      Vital Biologics requires you to seek the advice of a physician or other competent medical practitioner before using the products offered on or through this Site, since you may be taking a medication or other dietary supplements, or may have a medical condition that makes this product inappropriate for your use. Vital Biologics disclaims all liability for any injury or illness that you sustain as the result of not soliciting such advice, as a result of having received incomplete or inaccurate advice, or as a result of having any adverse physical reaction whether or not you first consulted with a medical practitioner.

      6. Waiver of Class Action Rights

        By entering into these terms, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these terms must be asserted individually.

        7. Disclaimers; Limitation of Liability

        In no event shall Vital Biologics be liable for any damages whatsoever, whether direct, indirect, general, special, exemplary, compensatory, consequential, or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site, including without limitation, bodily injury, death, emotional distress, and/or any other damages resulting from the use of Vital Biologics Site.

        Vital Biologics shall not be liable for any damage to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website, or your downloading of any information or materials from this website.

        Vital Biologics provides Vital Biologics Site on an “as is” and “as available” basis.  You therefore use Vital Biologics Site at your own risk.  Vital Biologics expressly disclaims any and all warranties of any kind, whether express or implied.

        Without limiting the foregoing, Vital Biologics makes no representations or warranties:

        1. That Vital Biologics Site will be permitted to operate in your jurisdiction;
        2. That Vital Biologics Site will be uninterrupted or error-free;
        3. Concerning any third party’s use of content that you submit;
        4. That any content you submit will be made available on Vital Biologics Site or will be stored by Vital Biologics;
        5. That Vital Biologics will continue to support any particular feature of Vital Biologics Site;
        6. Concerning sites and resources outside of Vital Biologics, even if linked to from Vital Biologics.

        To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used Vital Biologics, and no warranties shall apply after such period.

        8. Accuracy of Information

          We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site. For example, products included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. In addition, we may make changes in information about price and availability without notice. We reserve the right, without prior notice, to refuse service to any customer.

          9.Indemnification

          You will indemnify, defend, and hold harmless Vital Biologics and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on Vital Biologics Site; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Vital Biologics Site violates any law or infringes any third party right, including any intellectual property or privacy right.

          10. PRODUCT REVIEWS

            Although Vital Biologics will attempt to keep all objectionable product reviews off this site, it is impossible for us to review all product reviews. All product reviews express the views of the author and neither Vital Biologics nor its owners will be held responsible for the said contents.

            By agreeing to these rules, you warrant that you will not post any messages or reviews that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violate any laws. Vital Biologics reserves the right to remove, edit, move or close any content item for any reason.

            11. ORDERS

            We have the right to refuse to accept any orders placed for Vital Biologics’ products and services. Your order for products shall only be binding on us when you receive confirmation that a product has shipped. If we refuse your order, your money will be returned in full.

            You are responsible for the accuracy of all information you provide that is necessary for us to process your order and/or ship your order to the correct location. If an order has not been shipped, or shipped to an incorrect location due to such inaccuracy, you alone are responsible.

            The provision of products and services is subject to availability. If products are out of stock, Vital Biologics will inform you as soon as possible. You will be given the option of waiting until the products are in stock or of canceling your order.

            If you have any problems or concerns regarding Vital Biologics products, you can reach us via the customer service contact information supplied on this website.

            Dates for delivery are estimates only and are not guaranteed. Time is not of the essence in relation to such dates. They are also subject to any matter beyond our reasonable control.

            If a delivery requires a signature to confirm receipt, it is your responsibility to ensure that there is someone at the delivery address to sign for the products when delivered. It is also your responsibility to collect the products from any postal collection depot and/or arrange an alternative delivery date if you are not available to sign for the products.

            Any products purchased are for personal use only. The products cannot be resold and cannot be given to any third party.

            The availability of this website may be outside our control and in the hands of third party providers. We cannot guarantee the level of availability of this site for your orders or other Use.

            We are not responsible for safe delivery of goods because we do not ship the products directly. If the products are not delivered, arrive late, or are damaged in transit, you must take this up with the carrier. We will provide you with their contact details upon request.

            Payment is due at the time you place your order.

            We do not accept your order until we receive notice from our credit card merchant that your payment has been authorized and/or we have received payment in full in cleared funds.

            If for any reason payment in full is not made, we may withhold or suspend delivery of the products.

            12. RETURNS/REFUNDS POLICY

            We are confident that you will be satisfied with the products you have ordered. As a result, we offer you a full refund of the price you have paid for the products if you are dissatisfied, although we may deduct from the refunded purchase price any shipping and handling charges. 

            In order to qualify for a refund, you must provide us all the information we ask for, and comply with all other terms specified on this website for such purpose. 

            Refunds are limited to a single (1) opened bottle and all sealed bottles per customer and must be requested within 60 days of placing your order. To claim your refund under this guarantee, please contact support@vitalbiologics.com.

            13. Data Security

              When you order products and provide certain personal information such as your contact details, credit/debit card details, or other payment details, this information may be processed by us on servers that reside outside North America or the European Union. By placing orders for the products, you consent to the transfer of your data to the location(s) at which our servers reside.

              We may use a third party credit card merchant to take your payment. This third party will check and process your payment details. There are strict obligations that govern credit card merchants' handling of personal data. However, we cannot be held responsible for actions by this third party. We accept no liability for loss and/or damage that you may suffer as a result of this third party's acts and/or omissions. We advise you to print and retain a copy of each card transaction for future reference. 

              There is an inherent risk that any communication, whether by e-mail, fax, telephone, or post, can be intercepted by third-parties. We do not accept any liability for external compromise of security and/or confidentiality in relation to transmissions sent by any of these media.

              14. General Provisions

                GOVERNING LAW: This Agreement shall be governed by the laws of the State of Texas, United States of America, without regard to principles of conflicts of law.  The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

                DISPUTES: Any action arising out of or relating to this Agreement or your use of Vital Biologics Site must be commenced in the state or federal courts located in Texas, United States of America (and you consent to the jurisdiction of those courts).  In any such action, Vital Biologics and you irrevocably waive any right to a trial by jury.

                INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement.  If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement.  No failure or delay by Vital Biologics in exercising any right hereunder will waive any further exercise of that right. Vital Biologics’ rights and remedies hereunder are cumulative and not exclusive.

                SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Vital Biologics’ prior written consent.  No third party shall have any rights hereunder.

                 

                NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Vital Biologics electronically.  Vital Biologics may provide all such communications by email or by posting them on Vital Biologics Site.  Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at support@vitalbiologics.com Nothing herein shall limit Vital Biologics’ right to object to subpoenas, claims, or other demands.

                 

                This Agreement may not be modified except by a revised Terms of Use posted by Vital Biologics or a written amendment signed or approved by an authorized representative of Vital Biologics. A revised Terms of Use will be effective as of the date it is posted.  This Agreement constitutes the entire understanding between Vital Biologics and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

                 

                * These statements have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure or prevent any disease. Heart Calm was designed for use in healthy hearts only. The information on this web site is designed for educational purposes only. It is not intended to be a substitute for any informed medical advice or care. Please consult a physician or healthcare provider prior to use and/or if you have any concerns regarding your health. Testimonials represent individual customer experiences and should not be considered typical customer experiences. Individual results may vary.