Terms and Conditions of Use

We welcome you to the VitalGoods website (the “Website” or “VitalGoods.com”). The Website is designed to provide information about health, health-promoting activities, natural medicine and regenerative culture, provide health-enhancing products, and to build community among like-minded individuals and families interested in and supportive of the information, services and products we discuss and provide (the “Service”). The Website is owned by Health Resources Unlimited, Inc. (“HRU”). PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE.

1.       Acceptance of Terms. This Terms and Conditions of Use Agreement (this “Agreement”) sets forth legally binding terms for your use of the Website. By using our Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse one or more of our Websites) or you are a “Customer” (which means that you have registered on one of our Websites as a user). If you do not accept the terms of this Agreement, you should exit our Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on any of our Website. You agree to be bound by any modification to this Agreement when you use any of the Website after any such modification is posted; it is therefore important that you review this Agreement regularly.

2.       General Registration Requirements. If you wish to become a Customer and make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Website (the "Registration Data") and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HRU reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Use of the Service and status as a Customer on our Website is void where prohibited.

3. The information provided on this Website is for educational purposes only and does not substitute for professional medical advice. Users are advised to consult a medical professional or healthcare provider if they seek medical advice, diagnoses, or treatment. HRU is not liable for risks or issues associated with using or acting upon the information on this site.

4.       Minors. Due to the nature of the Internet, we cannot prevent minors from visiting our Website. However, all users who register with any of our Website must be 18 years of age or older.

5.       Customer Account, Password and Security. If you register on one of the Website, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your email address. You are responsible for maintaining the confidentiality of the password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify HRU of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. HRU will not be liable for any loss or damage arising from your failure to comply with this paragraph.

6.       Preservation/Disclosure. You acknowledge, consent and agree that HRU may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of HRU, its Members and the public. Under no other circumstances will HRU intentionally disclose your account information to any third party.

7.       Security Components. You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by HRU and/or content providers who provide content to HRU. You may not attempt to override or circumvent any such security components and usage rules embedded into our Website.

8.     Non-commercial Use. The Service may not be used in connection with any commercial purposes, except as specifically approved by HRU. Unauthorized framing of or linking to any of our Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.

9.     HRU and Third Party Content. Our Website contains Content of HRU ("HRU Content"), Content of third party manufacturers and distributors of products sold by HRU, and Content of third party licensors to HRU (including content provided by users of our Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. HRU owns and retains all rights, title and interest in the HRU Content. HRU hereby grants to you a limited, revocable, non-sublicensable license to reproduce and display a single copy of the HRU Content and any third party Content located on or available through our Website or Service (excluding any software code therein) solely for your personal, non-commercial use in connection with viewing our Website and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Website or Service.

10.     Other Sites. Our Website may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. HRU does not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third party website, you should review the applicable terms of use and policies for such website. The inclusion of a link in any of our Website does not imply HRU’s endorsement of such third party website. If you decide to access any such linked website, you do so at your own risk.

11.     International Use. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

12.     Privacy Policy. HRU respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. A complete statement of our current privacy policy can be found in our “Privacy Policy”. The Privacy Policy is expressly incorporated into this Agreement by this reference.

13.     Term and Termination. This Agreement shall remain in full force and effect for so long as it is posted on any of this Website. You may terminate your status as a Customer at any time, for any reason. HRU reserves the right to terminate your account or your access to our Website immediately, with or without notice to you, and without liability to you, if HRU believes that you have breached any of the terms of this Agreement, furnished HRU with false or misleading information, or interfered with use of the Website or the Service by others. The terms of Sections 8, 11, 12, and 18 - 29 shall survive termination of this Agreement and your use of the Service.

14.     Disclaimer of Warranties. You expressly understand and agree that:

• Your use of the Website and the Service is at your sole risk. This Website and the Service are provided on an "as is" and "as available" basis. HRU and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the service, the website, and any third party website with which they are linked.
• HRU and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Website or the Service will meet your requirements; (ii) the Website or Service will be uninterrupted, timely, secure, error-free, or free of any harmful components (including viruses); (iii) the results that may be obtained from the use of the Website or Service will be accurate or reliable; and (iv) the quality of any Content, products, services, information or other material purchased or obtained by you through the Website or Service will meet your expectations. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
• Any material downloaded or otherwise obtained through the use of our Website or the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

15.     Limitation on Liability. To the fullest extent permitted by applicable laws In no event will HRU, its affiliates, subsidiaries, employees, agents, suppliers, OR contractors be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with the use of the Service, the Website or any website with which they are linked, even if HRU has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, HRU's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to HRU for the Services.

16.     Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.

17.     Indemnity. You agree to indemnify, defend, and hold harmless HRU, its affiliates, subsidiaries, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. HRU will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

18.     Additional Terms. We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through our Website, to obtain certain premium Content through our Website, or for other reasons. In addition, certain Additional Terms will govern any purchases you make through the online stores located on our various Website. These Additional Terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific promotions, Content, or activities. These Additional Terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.

19.     Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of our Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Website.

20.     Entire Agreement. This Agreement, together with any other terms or policies referenced herein (including without limitation the Privacy Policy and Additional Terms), constitutes the entire agreement between you and HRU and governs your use of the Website and Service, superseding any prior agreements between you and HRU with respect to the Website and Service.

21.     Choice of Law and Forum. This Agreement and the relationship between you and HRU shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You and HRU agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Washington, Oregon.

22.     Waiver and Severability of Terms. The failure of HRU to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

23.     Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

24.     Questions. If you have any questions regarding this Agreement, please contact us by email at service@vitalgoods.com, or by mail at 4750 SW Watson Avenue, Beaverton, OR 97005.

These terms of service were last updated on April 25, 2024.

 

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