Welcome to Vibrant Life. These Terms and Conditions ("Terms") govern your access to and use of the Vibrant Life website and services. By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our website.
1. Agreement to Terms
By accessing or using our website, you agree to these Terms and our Privacy Policy. If you are using our website on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
2. Definitions
In these Terms, the following definitions apply:
- "Account" means the account created by a User to access and use the Services.
- "Content" means any text, graphics, images, music, software, audio, video, information, or other materials appearing on or through the Services.
- "Order" means a request to purchase Products through the Services.
- "Products" means the fruits, vegetables, and other items offered for sale through the Services.
- "Subscription" means a recurring Order for Products at specified intervals.
- "User" means an individual who accesses or uses the Services.
- "User Content" means any Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Services.
3. Account Registration and Use
3.1 Account Creation
To use certain features of our Services, you may need to register for an Account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account.
3.2 Age Requirement
You must be at least 18 years old to create an Account and use our Services. By creating an Account, you represent and warrant that you are at least 18 years old.
3.3 One Account Per User
You may not create more than one Account without our express permission. We reserve the right to terminate any duplicate Accounts.
3.4 Account Termination
We reserve the right to suspend or terminate your Account at any time for any reason, including but not limited to violation of these Terms. You may also terminate your Account at any time by contacting our customer service.
4. Intellectual Property Rights
4.1 Ownership of Content
The Services and their original content, features, and functionality are owned by Vibrant Life and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2 Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use.
4.3 Restrictions
You may not:
- Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Services
- Use the Services for any commercial purpose
- Use any automated means, including robots, crawlers, or data mining tools, to access, scrape, or index the Services
- Circumvent, disable, or otherwise interfere with security-related features of the Services
- Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services
5. User Content
5.1 Responsibility for User Content
You are solely responsible for any User Content you post, upload, publish, submit, or transmit through the Services. By submitting User Content, you represent and warrant that:
- You own or have the necessary rights, licenses, consents, and permissions to use and authorize us to use the User Content
- The User Content does not violate or infringe upon the rights of any third party
- The User Content complies with these Terms and all applicable laws and regulations
5.2 License to User Content
By submitting User Content, you grant us a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, and publicly perform such User Content in any media formats and through any media channels.
5.3 Removal of User Content
We reserve the right, but not the obligation, to review, monitor, and remove any User Content at our sole discretion, at any time and for any reason, without notice to you.
6. Prohibited Uses
You agree not to use the Services to:
- Violate any applicable law, regulation, or these Terms
- Infringe the rights of any third party, including intellectual property rights, privacy rights, or publicity rights
- Post, upload, or transmit any content that is defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party
- Harass, threaten, intimidate, or harm any person
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
- Transmit any viruses, malware, or other code that may harm our Services or users
- Interfere with or disrupt the Services or servers or networks connected to the Services
- Collect or store personal data about other users without their consent
7. Disclaimer of Warranties
THE SERVICES AND ALL CONTENT, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIBRANT LIFE, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
- ANY CONTENT OBTAINED FROM THE SERVICES
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).
9. Indemnification
You agree to indemnify, defend, and hold harmless Vibrant Life, its affiliates, and their respective directors, officers, employees, agents, and service providers from and against all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or relating to:
- Your access to or use of the Services
- Your User Content
- Your violation of these Terms
- Your violation of any rights of another person or entity
- Your violation of any applicable laws, rules, or regulations
10. Termination
We may terminate or suspend your access to all or part of the Services, without notice, for any reason, including, without limitation, breach of these Terms.
Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
12. Governing Law and Jurisdiction
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule.
Any legal action or proceeding arising out of or relating to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Miami and County of Miami-Dade. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
13. Miscellaneous
13.1 Entire Agreement
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and us concerning the Services.
13.2 Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
13.3 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of these Terms will continue in full force and effect.
13.4 Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms at any time without notice to you.
13.5 Force Majeure
We will not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including, but not limited to, acts of God, fire, flood, earthquake, explosion, war, terrorism, epidemic, labor dispute, or governmental action.
