TERMS AND CONDITIONS
These terms and conditions ("Agreement") outline the general terms governing your use of the purevitalizen.com website ("Website" or "Service") and any associated products and services ("Services"). By accessing and using the Website and Services, you indicate that you have read, understood, and agree to be legally bound by the terms of this Agreement.
If you are agreeing on behalf of a business or legal entity, you confirm that you have the authority to bind such entity to this Agreement, and the terms "User," "you," or "your" will refer to that entity.
If you lack the necessary authority or do not agree to these terms, you should not accept this Agreement and must refrain from accessing or using the Website and Services. Please note that this Agreement is a legally binding contract between you and VitaliZen Essence LLC, despite its electronic format without a physical signature, and it governs your use of the Website and Services.
Minimum Age Requirement
To utilize the Website and Services, you must be at least 13 years old. By accepting this Agreement and using the Website and Services, you confirm and guarantee that you meet the minimum age requirement.
Links To Other Resources
While the Website and Services may provide links to other resources such as websites or mobile applications, we want to clarify that we neither directly nor indirectly imply any approval, association, sponsorship, endorsement, or affiliation with those linked resources, unless explicitly stated otherwise in this Agreement.
We are not responsible for examining, evaluating, or warranting the offerings of any businesses, individuals, or the content found in those linked resources.
We do not assume any responsibility or liability for the actions, products, services, or content of any third parties. It is essential that you carefully review the legal statements and terms of use of any resource you access through links on the Website and Services. Please be aware that linking to off-site resources carries inherent risks, and you do so at your own discretion and risk.
Intellectual Property Rights
The term "Intellectual Property Rights" refers to all existing and future rights granted by statutes, common law, or equity related to copyright and related rights, trademarks, designs, patents, inventions, goodwill, the right to take legal action against passing off, rights to inventions, rights to use, and all other intellectual property rights. This includes registered and unregistered rights, as well as applications and the right to apply for and obtain such rights. It encompasses similar or equivalent rights or forms of protection, and any other intellectual creations that exist now or may exist in the future worldwide.
This Agreement does not transfer any intellectual property owned by VitaliZen Essence LLC or third parties to you. All rights, titles, and interests in such intellectual property will remain solely with VitaliZen Essence LLC, except as otherwise expressly stated. The trademarks, service marks, graphics, and logos used in connection with the Website and Services are either trademarks or registered trademarks of VitaliZen Essence LLC or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website and Services may be the trademarks of third parties. Your use of the Website and Services does not grant you any right or license to reproduce or use any trademarks owned by VitaliZen Essence LLC or third parties, unless specifically authorized.
Disclaimer Of Warranty
You acknowledge that the Service is provided on an "as is" and "as available" basis, and your use of the Website and Services is solely at your own risk. We explicitly disclaim all warranties, whether 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 Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free. We also do not make any warranty regarding the results that may be obtained from the use of the Service or the accuracy or reliability of any information obtained through the Service. Furthermore, we do not guarantee that any defects in the Service will be corrected.
Limitation Of Liability
To the maximum extent permitted by applicable law, VitaliZen Essence LLC, its affiliates, directors, officers, employees, agents, suppliers, or licensors will not be liable to any individual for any indirect, incidental, special, punitive, consequential, or cover damages.
This includes damages such as lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, or loss of business opportunity, regardless of the cause or legal theory of liability, including but not limited to contract, tort, warranty, breach of statutory duty, negligence, or any other theory, even if the liable party has been advised of the possibility of such damages or could have foreseen them.
To the maximum extent permitted by applicable law, the total liability of VitaliZen Essence LLC, its affiliates, officers, employees, agents, suppliers, and licensors related to the Services will be limited to the greater of one dollar or the amount actually paid in cash by you to VitaliZen Essence LLC during the one-month period preceding the first event or occurrence giving rise to such liability. This limitation applies even if this remedy fails to fully compensate you for any losses or does not fulfill its essential purpose.
The limitations and exclusions of liability stated in this section also apply to any claims arising from the inability to use the Services, unauthorized access to or alteration of your data, statements or conduct of any third party on the Services, or any other matter related to the Services.
Indemnification
You agree to indemnify and defend VitaliZen Essence LLC, its affiliates, directors, officers, employees, agents, suppliers, and licensors against any liabilities, losses, damages, or costs, including reasonable attorneys' fees, incurred in connection with or arising from third-party allegations, claims, actions, disputes, or demands asserted against them. This indemnification applies as a result of or in relation to your Content, your use of the Website and Services, or any intentional misconduct on your part.
Dispute Resolution
This Agreement, its interpretation, and its performance, as well as any disputes arising from it, shall be governed by the substantive and procedural laws of Florida, United States, without considering its rules on conflicts or choice of law. To the extent applicable, the laws of the United States will also apply. The exclusive jurisdiction and venue for any actions related to this Agreement shall be the courts located in Florida, United States, and you agree to submit to the personal jurisdiction of such courts. You waive any right to a jury trial in any proceeding related to or arising from this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes To The Terms And Conditions
We retain the right to modify this Agreement or any terms pertaining to the Website and Services at any time. The updated version of this Agreement will become effective upon being posted on the Website. We will indicate the revised date on this page. By continuing to use the Website and Services after any such modifications, you signify your consent to the updated terms.
Acceptance Of These Terms
By accessing and using the Website and Services, you confirm that you have read this Agreement and consent to all its terms and conditions. Your continued use of the Website and Services signifies your acceptance and agreement to be legally bound by this Agreement. If you do not agree to comply with the terms of this Agreement, you are not permitted to access or use the Website and Services.
Contact Information
For any questions or queries pertaining to this Agreement or any concerns related to it, you may contact us by sending an email to support@purevitalizen.com