Veganly Vitamins, Inc. Terms of Service
Please read these Terms of Service fully and carefully before using www.VeganlyVitamins.com or www.VeganlyVitamins.ca (the “Site”) and the services, features, content, applications, or products offered by Veganly Vitamins, Inc. (“we”, “us”, “our” or “Veganly”) (together with the Site, the “Services”). These Terms of Service (this “Agreement”) set forth the legally binding terms and conditions for your use of the Site and the Services.
Modifications to this Agreement
Veganly may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Web Site, and specifying the effective date of the new version of the Agreement. Your continued use of the Web Site following the posting of a new version of the Agreement constitutes your acceptance of any such changes. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.
For purposes of these Terms of Service, the term “Content” includes, without limitation, a variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials. Some of the Content is provided by Veganly or its suppliers, and other Content is provided by persons who use the Web Site (“Users”), such as User opinions and views provided via posts to chat rooms, blogs, bulletin boards, social networks, or discussion forums. Veganly cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Veganly or its suppliers, or by Users of the Web Site. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of Veganly. Veganly does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Web Site. Veganly does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Web Site.
Notwithstanding the foregoing, Veganly will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.
THE CONTENT AVAILABLE VIA THE WEB SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER VEGANLY NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.
SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.
Representations Made and Rights Granted
You are responsible for all Content that you submit, post, or otherwise make available to or through the Web Site. By doing so, you represent and warrant to Veganly that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content.
Veganly makes no claims to ownership of Content that you submit, post or otherwise make available to or through the Web Site and you continue to retain all ownership rights in such Content and the right to use your Content as you determine. However, you do grant to Veganly and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license as set below:
- with respect to Content other than photos, graphics, audio, video, or journals that you submit, post or otherwise make available to public areas of the Web Site (i.e. not intended as a private communication), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute , publicly perform, and publicly display such Content (in whole or part) worldwide via the Web Site or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and
- with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available to public areas of the Web Site, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such Content for the purpose for which such Content was submitted, posted or made available.
Ownership and Intellectual Property Rights
This Web Site is owned by Veganly. All right to, title to, and interest in the Content available via the Web Site, the Web Site’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Web Site, and the Web Site URLs, are the property of Veganly or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
License to Use Content
Veganly grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Web Site only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Web Site in any other manner or for any other purpose without the prior written permission of Veganly. All rights not expressly granted in this Agreement are expressly reserved to Veganly.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of VeganlyVitamins.com so long as the link does not portray VeganlyVitamins.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use the Veganly logo or other proprietary graphic or trademark as part of the link without express written permission. You may further not present the link to VeganlyVitamins.com in any way that suggests Veganly has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site.
All trademarks, service marks, logos and designs used on this Web Site, whether registered or unregistered, are owned by Veganly or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Veganly or its affiliates without our prior written consent.
Your Contact With Advertisers or Other Third Parties and Other Web Sites
Your dealings with advertisers or other third parties found on or accessible through the Web Site are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to Users and should not be construed as an endorsement by Veganly of content, items, or services on those third-party Web sites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk. Unless we expressly state otherwise, the fact that Veganly has provided a link to a site is not an endorsement of the service or site, its content, or its sponsoring organizations. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Veganly does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that Veganly will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Web Site.
Disclaimer of Warranties With Respect to Web Site
THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VEGANLY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
VEGANLY DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. VEGANLY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.
Disclaimer of Warranties with Respect to Products
VEGANLY MAKES NO WARRENTIES WHATSOEVER, EITHER EXPRESS OR IMPLED, ORAL OR WRITTEN, IN FACT OR BY OPERATION OF LAW OR OTHERWISE, AS TO THE EFFECTIVENESS AND/OR HEALTH BENEFITS OF THE PRODUCTS (COLLECTIVELY, THE “PRODUCTS”) OFFERED BY VEGANLY ON THIS WEB SITE. ONCE THE PRODUCTS ARE DELIVERED, YOU SHALL HAVE THREE DAYS TO EXAMINE AND RETURN ANY DEFECTIVE PRODUCTS IN THEIR ORIGINAL PACKAGING. ONCE OPENED, PRODUCTS CANNOT BE RETURNED. AT THE END OF THREE DAYS AFTER DELIVERY, YOU SHALL BE TREATED AS HAVING ACCEPTED ANY PRODUCT WHICH HAS NOT BEEN REJECTED. THE OBLIGATION OF VEGANLY IS LIMITED TO REPLACING THOSE DEFECTIVE PRODUCT WITH OTHERS.
Limitations of Liability
VEGANLY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEB SITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT VEGANLY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.
ADDITIONALLY, IN NO EVENT WILL VEGANLY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE WEB SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (5) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT VEGANLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
UNDER NO CIRCUMSTANCES WILL VEGANLY OR ITS AFFILATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND SERVANTS BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT PERSONAL OR PHYSICAL DAMAGE, LOSS, INJURIES AND DEATH, HOWSOEVER CAUSED, EVEN WHEN SUCH DAMAGE, LOSS, INJURIES OR DEATH MAY HAVE ARISEN FROM THE NEGLIGENCE OF VEGANLY AND/OR ITS AFFILATES, AND IN NO EVENT SHALL THE LIABILITY OF VEGANLY EXCEED THE VALUE OF THE PRODUCTS PURCHASED.
You agree to indemnify and hold harmless Veganly, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys’ fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you submit, post, or transmit through the Web Site.
You are responsible for maintaining the confidentiality of any passwords associated with your Veganly account, monitor all activity under the account, and assume full responsibility for all activities that occur under your account.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and you further agree that the remaining provisions contained in the Agreement shall continue in full force and effect.
The Site is physically located on servers at, and is administered by Veganly from, its offices in the Province of Ontario, Canada. By accessing the Site, you and Veganly agree that all matters relating to access to, or use of the Site and all of the communications, transmissions and transactions associated with the Site shall be deemed to have occurred in the Province of Ontario, Canada, and shall, together with these Terms of Service, be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to its rules on conflicts or choice of law. You and Veganly hereby consent and irrevocably submit and attorn to the exclusive personal and subject matter jurisdiction and venue of the courts of Ontario, Canada with respect to such matters, and for the resolution of any dispute based upon or relating to this Agreement.