Effective February 12, 2015
Use of Website. This Website is intended for people at least 18 years of age, and if you are under 18 years old then you represent and warrant that you have permission from your parent or guardian to use the Website. If you access the Website from outside the United States, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access the Website.
Accounts. It is free to register and create an account with us, and in order to use some services on the Website you will be required to register, although you can order Products without creating an account. If you create an account, then we will ask for certain personal information including your name, email address, phone number and shipping address.
Communications. Upon registering for an account with us, or purchasing products from us, you consent to receive newsletters, marketing and other emails from Vibrational Elixirs. You may opt-out of any emails from us, except for emails related to Product purchases and returns, by following the instructions contained in those emails or updating your account settings.
Pricing and Availability. Vibrational Elixirs has the right to change prices from time to time, and such changes will be posted to the Website. Prices shown on the Website do not include tax or shipping, which will be displayed on the final invoice and must be paid in full prior to shipment. We cannot guarantee that any item you order will be in stock. If we are unable to fulfill your order then you will be notified and your order will be canceled or modified.
Returns. Please contact us at firstname.lastname@example.org if you are unsatisfied with your Product and would like to discuss a return. You must obtain pre-approval if you wish to obtain a refund or exchange a Product that you have ordered from us. All Products are sole AS IS and without warranty or guarantee of any kind.
Risk of Loss. During shipping of any Products ordered through the Website, risk of loss or damage shall be the responsibility of Vibrational Elixirs if the carrier is selected by us; risk of loss or damage shall be the responsibility of the customer if you select the carrier.
Promotions. Vibrational Elixirs and/or its affiliates, providers, advertisers, or other entities may, from time to time, hold contests, promotions and/or other activities through the Website (“Promotions”). Any Promotions may be subject to additional terms and conditions, and may begin and/or end at the sole discretion of the party responsible for the Promotion.
Product Disclaimer. The Products sold on our Website have not been evaluated by the US Food and Drug Administration (FDA) or any other federal or state agency. We recommend that you research the ingredients in our Products to understand how they may benefit you (and we have provided links to some information that we think is helpful) prior to using any of our Products.
External Links. The Website may provide links to other websites that are not maintained or controlled by us (“Linked Sites”). While we may receive payment from companies whose products we endorse or recommend, we expressly disclaim any responsibility for the content, copyright compliance, accuracy of the information, and/or the quality of goods or services provided by or advertised on any Linked Sites, and in no event shall we be held responsible or directly or indirectly liable for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods or services available on any Linked Sites.
i. is patently offensive and/or promotes racism, bigotry or hatred, or promotes violence against any group or individual, or
ii. harasses or advocates harassment of any group or individual, or
iii. involves the transmission of junk mail, chain letters, or spam, or
iv. is known to be false or misleading, or promotes illegal activities, or
v. promotes an illegal or unauthorized copy of another’s copyrighted work, or
vi. contains restricted or password-only access pages or hidden pages or images, or
vii. provides material that is sexual in nature, or
viii. provides instructional information about illegal activities, or
ix. solicits passwords or personal identifying information for commercial or unlawful purposes.
Disclaimer of Warranties. VIBRATIONAL ELIXIRS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH THE WEBSITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEBSITE. ALL INFORMATION AND USE OF THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEBSITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. YOU EXPRESSLY AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS, OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF YOUR JURISDICTION.
Limitation on Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification. You agree to indemnify and hold harmless Vibrational Elixirs, its subsidiaries, affiliates, officers, agents, representatives, employees and other partners, from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website and/or Products.
Governing Law. These Terms are governed by the laws of the State of New York, without regard to its conflict of laws provisions, and any legal action brought related to these Terms or your use of the Website shall be brought in the state or federal courts for Onondaga County, New York, and you further agree to submit to the sole and exclusive jurisdiction and venue thereof.