Vital Red Light Terms of Service and Use
Last Updated: December 18, 2024.
Welcome to the website (www.vitalredlight.com) (the “Site”) offered by Vital RLT LLC (“VRL,” “we,” “us,” or “our”). These Terms of Service and Use (“Terms of Use” or “Agreement”) are entered into between VRL and you (“Consumer,” “you,” or “your”). Please carefully read the following Terms of Use as they govern your use of the Site and apply to your purchase of products via the Site and our related offerings (collectively referred to as the “Services”). By continuing to access and use the Site and Services, you agree to be bound by these Terms of Use.
Before you proceed, please be sure to read these Terms of Use. This Agreement contains warranty and liability disclaimers, a class action waiver, and an arbitration clause requiring the use of arbitration to resolve disputes. By using the Site, Services, logging into a User Account, or downloading any content herein, you accept and agree to these Terms of Use without any modifications or additions.
User Account
For certain features of the Services, you may need to create an account (a “User Account”). It is important that you provide us with complete, accurate, and current information and keep this information up to date. To protect your User Account, please keep the details of your login and password confidential, and notify us right away of any unauthorized use. You are responsible for all activities that occur under your User Account.
Intellectual Property Rights
You acknowledge that all materials on the Site, including any trademarks, patents, logos, design, graphics, text, photos, software, and other files (collectively the “VRL IP”) are the property of VRL and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. VRL authorizes you to view and download the VRL IP only for informational, personal, non-commercial purposes, and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the express written consent of VRL. You agree not to engage in the use, copying, or distribution of the Services, any of its contents, or any data generated or produced using the Services for any commercial purpose. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services. We may, but are not obligated to, periodically provide updates to the Services to resolve bugs or add features and functionality. You do not acquire any ownership rights to the Services or to any contents contained on the Services. All rights not expressly granted in these Terms of Use are reserved by VRL and its respective licensors, affiliates, and contractors. You are solely responsible for your interactions with other users of the Services.
Terms of Sale
The following terms apply to your purchase of products via the Site and Services:
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Product Purchase – We invite you to purchase products shown on our Site. Your order is an offer to buy such goods, which we accept only by shipping the product(s) ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction before shipment in the event of inaccuracies, errors, product unavailability, or any other reason.
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Product Descriptions – We attempt to describe our products on the Site as accurately as possible. However, the appearance of products may vary, and we make no guarantees with respect to the accuracy, completeness, reliability, or currency of the product descriptions and images on our Site.
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Assembly – Please follow any assembly instructions included with products carefully. We are not responsible for any improper assembly of products.
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Prices – All prices displayed via the Site are subject to change at any time in VRL’s sole discretion without notice. Unless otherwise noted, all prices are displayed in U.S. dollars. The displayed prices do not include shipping, handling, or taxes (if applicable), which charges will be communicated to you at checkout. All prices are net of any sales, use, excise, value-added, and similar taxes imposed by any governmental authority. If you are located outside of the United States, you are responsible for remitting any applicable taxes to the relevant authorities upon delivery. We reserve the right to charge you for any taxes that may be required related to your purchase.
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Quantities – Certain products may be available exclusively online and may have limited quantities. Such products are subject to return or exchange only in accordance with our Trial Period and Warranty Period. We reserve the right to limit quantities or discontinue any product at our discretion.
Payment & Chargebacks
When you place an order with VRL, you agree that VRL may charge the credit card, debit card, or other approved payment method you have chosen, directly or through a third-party payment processor, for the total amount of your order (including any applicable taxes, shipping, handling, or other fees). We may cancel a payment or order at any time and prevent you from initiating future payments for any reason, including without limitation: (i) if your purchase or use of the Services violates any applicable law; (ii) if you use the Services in breach of these Terms of Use; (iii) if we suspect fraudulent, unlawful, or improper payment activity; or (iv) if you fail to cooperate in an investigation or provide additional information when requested.
No Chargeback Provision
If you initiate a chargeback without a valid reason (e.g., without first contacting us to resolve the dispute, or where the product was properly delivered and not defective), and that chargeback is determined to be unfounded or fraudulent, you agree to reimburse VRL for all actual costs incurred as a result of the chargeback, including but not limited to payment processor fees, administrative fees, and reasonable attorneys’ fees. Additionally, these amounts shall accrue interest at a rate of ten percent (10%) per month, compounding monthly, until paid in full. This does not limit your rights in the event of a valid chargeback (such as if VRL did not ship the items or provided damaged goods without remedy).
Theft After Delivery
We are not obligated to provide a reshipment if items are stolen after delivery has been confirmed. You may request, at the time of purchase, additional delivery precautions such as signature confirmation. Once delivery is confirmed at your address, VRL is not responsible for theft, loss, or damage occurring thereafter.
Partial Refunds & Trial Period
If, at your request, we issue any partial refund for any reason during the 30-day Trial Period, the Trial Period will be voided. After receiving a partial refund, you are no longer eligible to return the product under the Trial Period policy.
Trial Period
Unless otherwise communicated, VRL products come with a thirty (30) day trial period (the “Trial Period”) for customer satisfaction. If you are not satisfied, you may return the product in like-new condition with all original packaging, accessories, and parts at any time prior to the expiration of the Trial Period. If any part of the product or packaging is missing, we reserve the right to refuse the return or deduct such amount from the refund at our discretion. Any loss or damage to the product will void the refund. Returns must be postmarked before the end of the Trial Period. Please contact us at [email protected] to initiate a return.
International Returns
If you are located outside of the United States and wish to return your product, you will be responsible for covering the cost of return shipping. Please note that the original shipping fee charged at the time of purchase is non-refundable.
Warranty
We warrant that your VRL product will function within the specifications described in the User Manual for two (2) years from the delivery date (the “Warranty Period”). If your product ceases to operate properly during the Warranty Period, return it to us. We will inspect and determine whether a repair or a replacement device is warranted at our discretion. Monetary refunds are only available during the first thirty (30) days of purchase (the Trial Period). The warranty does not cover intentional or destructive damage, lost products, water-damaged devices, tampered or modified products, or devices that have been resold. ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT ALLOWABLE BY LAW.
Waiver of Guarantees & Disclaimer
The information on this Site is for general informational purposes only and is provided on an “as is” basis. It is not intended to diagnose, cure, or prevent specific diseases or medical conditions, nor is it intended as a substitute for medical advice. VRL does not guarantee any results and does not intend its products to cure any physical, skin, or medical condition. Always consult a qualified health professional before using these products. VRL makes no warranties of any kind, either express, implied, or statutory, regarding the completeness, security, reliability, accuracy, or availability of the Site or Services.
Submitted Materials
Unless specifically requested, we do not solicit and do not wish to receive confidential, secret, or proprietary information from you through the Site or otherwise. Any and all comments, information, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials submitted by you (“Submitted Materials”) will be deemed non-confidential and may be used by VRL in any manner consistent with these Terms of Use and our Privacy Policy. By submitting materials, you represent and warrant that they are original to you, no other party has rights to them, and that you grant VRL and its affiliates a royalty-free, worldwide, perpetual, irrevocable, and non-exclusive license to use, copy, reproduce, modify, adapt, publish, translate, distribute, perform, display, and create derivative works from these materials.
Use of Publicly Shared Content
By tagging or mentioning Vital RLT LLC (“VRL”) or any affiliated accounts on social media or other public platforms, you grant VRL a royalty-free, worldwide, perpetual, irrevocable, and non-exclusive license to use, reproduce, display, distribute, and otherwise exploit such content—including any images, videos, captions, or comments—for marketing and promotional purposes. This includes, but is not limited to, use on VRL’s websites, social media pages, email campaigns, print materials, and digital advertisements. You represent and warrant that you have the right to share such content and that its use by VRL will not infringe upon the rights of any third party.
Third Party Websites
This Site may include links to other third-party websites (“Linked Sites”). These links are provided only for your convenience. We do not control, endorse, or approve any content on the Linked Sites, and you access and use them at your own risk. We encourage you to review the privacy policies and terms and conditions of Linked Sites, as VRL disclaims any and all liability in connection with them.
Communications/Text Messages
As permitted by applicable law, when you communicate with us electronically and submit your information via email, text, or otherwise, you consent to receive communications from us electronically. We are not obligated to respond to inquiries we receive. All agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing. By entering your wireless telephone number, you confirm your consent for VRL to send you text messages. Standard message and data rates may apply. Reply “STOP” to opt out at any time.
Eligibility
You must meet any age, geographic, or other eligibility requirements under applicable law to order from our Site or access certain Services. By creating an account or making a purchase, you represent that you comply with all applicable laws and eligibility requirements.
Privacy Policy
In connection with your use of the Site and Services, you expressly agree to VRL’s Privacy Policy. Please read the Privacy Policy carefully to learn how we use the information we collect. The Privacy Policy is part of these Terms of Use, and by using the Services, you agree that we may use your information as described therein.
Prohibited Activities
You may not access or use the Services for any purpose other than as provided. Prohibited activities include, without limitation, criminal or tortious conduct, intellectual property infringement, using the Services to harass, abuse, or harm another person, attempting to impersonate another user, and any activity inconsistent with applicable laws and regulations or that violates another’s rights.
Reservation of Rights
We reserve the right, but have no obligation, to take appropriate legal action against anyone who violates these Terms of Use, including reporting you to law enforcement authorities and refusing to provide products or Services. We may refuse, restrict access, or disable any portion of the Services at our discretion.
Cancellation/Termination
We may suspend or terminate your use of the Services or your User Account at any time if you violate these Terms of Use, or for any other reason at our discretion. You may terminate your User Account by contacting [email protected]. Provisions related to ownership, intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution survive termination.
Limitation of Liability
IN NO EVENT SHALL VRL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, LOSSES, OR EXPENSES, INCLUDING LOST PROFITS, LOST DATA, OR LOST SAVINGS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED, EVEN IF VRL OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL VRL’S AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID TO VRL, IF ANY.
Indemnification
You agree to fully indemnify, defend, and hold VRL and its affiliates, officers, directors, employees, agents, and other representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses arising out of or from your access to, use of, or alleged use of the Services; your breach of these Terms of Use or any applicable law; or your infringement of any third party’s rights.
Governing Law & Venue
These Terms of Use and your use of the Services shall be governed by and construed in accordance with the laws of Florida, without regard to conflict-of-law rules. Any actions or proceedings arising out of or relating to these Terms of Use shall be brought exclusively in the state or federal courts located in Palm Beach County, Florida, and you hereby consent to the personal jurisdiction of such courts.
Arbitration & Class Action Waiver
Except as prohibited by law, all claims arising out of or relating to your purchase, the Services, or these Terms of Use shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration shall occur in Palm Beach County, Florida. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes relating to the interpretation, applicability, enforceability, or formation of these Terms of Use. The arbitrator shall not conduct class arbitration and you and VRL agree to waive any right to participate in a class action, class-wide arbitration, or any other representative proceeding.
YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND VRL ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
Thirty Day Right to Opt Out of Arbitration
You have the right to opt out of the arbitration provision by sending written notice of your decision to opt out within thirty (30) days of first registering for or using the Services to: Vital RLT LLC, 102 NE 2nd St Suite 299, Boca Raton, FL 33432, Attn: Legal Department. If you opt out, neither you nor VRL will be bound by the arbitration provisions. However, all other terms remain in effect.
Amendments
These Terms of Use may be amended by VRL from time to time. We will post updates on the Site, and your continued use of the Services after such changes are posted will constitute acceptance of the updated Terms of Use. If you do not accept the amended terms, you must discontinue use of the Site and Services and terminate your User Account.
No Oral Modifications
Employees of VRL are not authorized to modify these Terms of Use, either verbally or in writing. You may not rely on any statement or communication that alters these Terms of Use unless made in writing and signed by an authorized representative of VRL.
No Agency Created
Nothing in these Terms of Use creates any agency, partnership, joint venture, or employment relationship between you and VRL. You have no authority to bind VRL in any manner.
Non-Waiver
The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Force Majeure
VRL shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond VRL’s reasonable control, including, without limitation, acts of God, natural disasters, war, terrorism, labor disputes, communication failures, or governmental actions.
Severability
If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use otherwise remain in full force and effect and enforceable.
Assignment
These Terms of Use are not assignable, transferable, or sublicensable by you except with our prior written consent. We may transfer, assign, or delegate these Terms of Use and our related rights and obligations without obtaining your consent.
Entire Agreement
These Terms of Use, along with the Privacy Policy and any other legal notices published by VRL on the Site, constitute the entire agreement between you and VRL concerning your use of the Services, and supersede all prior agreements or communications, whether written or oral.
Notices
You consent to receive notices and communications from VRL electronically. Posting notices on the Site or sending notices via email will satisfy any legal requirements for written communication.
Contact Us
If you have any questions about these Terms of Use or your User Account, you may contact us by email at [email protected] or by U.S. Mail at Vital RLT LLC, 102 NE 2nd St Suite 299, Boca Raton, FL 33432.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
