Superfood formulas for your everyday life.
TERMS OF USE

Effective February 12, 2015

Welcome to www.vibrationalelixirs.com (the “Website”), owned and operated by Vibrational Elixirs, a NY company (“we” or “us”).  We offer a platform that allows users to order artisanal drink mixes made from the finest ingredients (“Products”).  By using the Website and/or contracting with us for Products, you agree to be bound by these Terms of Use.  We may modify these Terms of Use from time to time and such modification shall be effective upon being posted to the Website, and your continued use of the Website signals your agreement to be bound by any changes.

Term.  These Terms of Use shall remain in full force and effect for the entire time you use the Website.  

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.

Payment.  Payments for Products are made via PayPal, and are governed by the PayPal terms of use and privacy policy.  We strongly recommend that you review such policies prior to transacting through PayPal.  We may also accept money order, wire transfer, and other payments types, and we must receive your payment prior to shipping your order.  All orders over $500 must obtain pre-approval from us prior to completion of the transaction, and we may contact you to obtain additional information in order to issue such approval.  Vibrational Elixirs has the right, in our sole discretion, to cancel or decline any order up until the point of delivery to the purchaser.  We reserve the right to limit or reduce the quantity of any Product you order, and you will be notified if we so limit or reduce the quantity of Products ordered.

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 customersupport@vibrationalelixirs.com 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.

Ownership and License.  Except as otherwise stated, the Website and the information, computer code, and related functionality appearing, featured or otherwise displayed on the Website are owned by Vibrational Elixirs, its affiliates, and their respective licensors or other third parties and protected under the copyright, trademark, and other laws of the United States and other countries and international treaty provisions.  We grant you a limited, non-exclusive, non-transferable license to use the Website in accordance with these Terms of Use and the instructions provided by us on the Website.  The material provided on the Website including, without limitation, the information, computer code, and related functionality, are for non-commercial use only.  Except as may be explicitly permitted by the Website, you may not copy, modify, upload, republish, distribute, display, post, license, create derivative works from, or transmit anything you obtain from the Website, including anything you download from the Website, unless you first obtain our written consent.  Any rights not expressly granted herein are reserved to Vibrational Elixirs and its affiliates.  You may not remove, obscure or otherwise deface any proprietary notices appearing on the Website, or any content or information.

User Content.  You are solely responsible for any message or other information (collectively, “Content”) that you submit to the Vibrational Elixirs either through the Website or via any other method, and you agree that all Content will be original and created by you (or you have permission to reuse such Content), and you grant us a non-exclusive, irrevocable, perpetual license to use said Content in any form or manner in which we determine, including the right to modify, edit, perform and otherwise use the Content.  You agree to use the Website in a manner consistent with all applicable laws and regulations. We reserve the right to review and, if necessary, refuse to post Content that in our sole judgment would violate these Terms of Use or which may be offensive, illegal or violate the rights of any other user.  Prohibited Content includes Content that:
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.

Privacy Policy.   Your use of the Website is also governed by our Privacy Policy, available here. (should have link to Policy)

Miscellaneous.  These terms constitute the entire agreement between you and Vibrational Elixirs regarding use of the Website, unless your membership subjects you to additional terms.  The failure of Vibrational Elixirs to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.  Should any competent court determine that any provision of these Terms of Use are unenforceable as written, then said provision shall be deemed to have been rewritten in accordance with the law; if that is not possible, then that provision shall be deemed to have been stricken from the Terms of Use, and all other provisions remain in full force and effect.  If you do not agree to these Terms of Use, please stop using this Website immediately.