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Vital Red Light

Terms of Service and Use

Last Updated: September 29, 2021.

Welcome to the website (www.vitalredlight.com) (the “Site”) offered by Vital Red Light 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 the follow Terms of Use.

BEFORE YOU PROCEED, PLEASE BE SURE TO READ THESE TERMS OF USE. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS AND WAIVERS OF CLASS ACTION SUIT AND JURY TRIAL. BY USING THE SITE, SERVICES, LOGGING INTO A USER ACCOUNT, OR DOWNLOADING ANY CONTENT HEREIN, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS 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 is 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, broadcasted, 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:

  1. 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.
  2. Product Descriptions – We attempt to describe our products on the Site as accurately as possible. However, the appearance of products may vary based on photo quality, perception, etc. Therefore, we make no guarantees with respect to the accuracy, completeness, reliability, or currency of the product descriptions and images on our Site.
  3. Assembly – Please follow any assembly instructions included with products carefully. We are not responsible for any improper assembly of products.
  4. 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 displayed on the Site are displayed in US dollars. The prices displayed do not include shipping, handling, or taxes (if applicable), which charges will be communicated to you at checkout before your order is placed. 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 sales or other taxes to the relevant authorities upon delivery of the product(s). We reserve the right to charge you for any taxes that may be required related to your purchase.
  5. Quantities – Certain products may be available exclusively online. These products may have limited quantities and are subject to return or exchange only in accordance with our Trial Period and Warranty Period. We reserve the right to limit the quantities or discontinue any product at our discretion.

Payment

When you place an order with VRL, you agree: (i) that VRL may charge the credit card, debit card, or other approved payment method that you have chosen for your purchase verification, pre-authorization, and payment purposes for the total amount of your order (including any applicable taxes, shipping, handling, or other fees) directly or through a third-party payment processor; and (ii) VRL may provide your payment information to third parties (i.e. Shopify) so we can complete the transaction related to your purchase. We may cancel a payment or order at any time and prevent you from initiating future payments for any reason, including without limitation: (a) if your purchase or use of Services violates any applicable law or regulation; (b) if you use the Services in breach of these Terms of Use; (c) if we suspect fraudulent, unlawful, or improper payment activity; or (d) if you fail to cooperate in an investigation or provide additional information if requested.

Promotional Codes

VRL may, from time to time, in its sole discretion, offer certain promotional codes for discounts. Unless otherwise advised by VRL, these codes are non-transferable and not redeemable for cash, credit, or applicable to a previous purchase. There is no cash alternative. Any promotional program may be voided, terminated, or modified by VRL in its sole discretion.

Trial Period

Unless otherwise communicated to you, VRL products come with a thirty (30) day trial period (the “Trial Period”) for customer satisfaction. If you are not satisfied with your product, you may return it 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. All returns will be inspected within five (5) business days of our receipt of the returned product. Returns must be postmarked before the end of the Trial Period, otherwise they will not be accepted. If you would like to exercise your return option during the Trial Period, please contact us at support@vitalredlight.com.

Warranty

We warrant that your VRL product will function and perform within the specifications in the User manual provided along with your product for two (2) years from the delivery date (the “Warranty Period”). If your product ceases to operate or requires service during the Warranty Period, the original purchaser must return the product, and each product will be inspected and we will determine whether a repair or a substitute device is warranted at our discretion. Monetary refunds will only be available within the first thirty (30) days of purchase during the Trial Period. This warranty does not cover:

ALL IMPLIED WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED IN THEIR ENTIRETY TO THE FULLEST EXTENT ALLOWABLE BY LAW. If you would like to exercise your repair/exchange option during the Warranty Period, please contact us at support@vitalredlight.com.

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 advise on the diagnosis, cure, or prevention of specific diseases or medical conditions. This Site is not intended as medical advice or a substitute for medical advice. VRL does not guarantee any results, and further does not intend its products to cure any physical, skin, or medical condition. A qualified health professional should always be consulted prior to using these products, and professional medical attention should be sought with regards to any questions, injuries, or medical conditions. VRL makes no warranties of any kind, either express, implied, or statutory with respect to the Services, the completeness, security, reliability, accuracy, or availability of the Site.

Submitted Materials

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. Any and all comments, information, creative works, , ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent by you to us via any medium (including, for example and without limitation, photos, audio, video, social media, messages, text, files or other content which you submit or post to our chat rooms, message boards, comment sections and/or our blogs, social media pages or feeds, tag us by using the @vitalredlight handle, or send to us via email or U.S. mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and the Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in the Submitted Materials have been waived; (ii) that such Submitted Materials comply with these Terms of Use; and (iii) you grant us and our affiliates, subsidiaries and assigns a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, for any lawful purpose, including without limitation for promotional and/or commercial purposes. Without limiting the foregoing, you agree that if you choose to submit photos or comments to us via any medium (including those noted above with respect to all Submitted Materials), we may publish these photos or comments along with, at our sole discretion, your name, handle, and other information you have provided to us in our editorial publications in any form, media or technology now known or later developed. You hereby consent to this. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time. You are solely responsible for creating backup copies of your Submitted Materials if you desire. Under no circumstances will VRL be liable for any inaccuracy or defect in any Submitted Materials.

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 enter the Linked Sites at your own risk. We encourage and recommend that you review the privacy policies and terms and conditions of the Linked Sites, as VRL disclaims any and all liability in connection therewith.

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. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. Further you acknowledge that by entering your wireless telephone number, you are confirming your consent and permission for VRL to send you text messages.  Standard message and data rates may apply. You may reply “STOP” to opt-out or end text messages at any time.

Eligibility

You must meet any age, geographic, or other eligibility requirement under applicable law to order anything from our Site, or access or participate in certain Services. By registering for a User Account or completing a purchase, you represent that you comply with applicable laws and eligibility requirements.

Privacy Policy  

In connection with your use of the Site and Services, you expressly agree to our Privacy Policy (“Privacy Policy”). Please read the Privacy Policy carefully in order to learn more about how we use information that we collect from you when you access, visit or use the Services. The Privacy Policy is part of and is governed by these Terms of Use and by agreeing to the Terms of Use through use of the Services, you agree to be bound by the terms of the Privacy Policy, and you agree that we may use information collected from you in accordance with the Privacy Policy.

Prohibited Activities. 

You may not access or use the Services for any purpose other than the purpose for which we make it available to you.  We may prohibit certain activities in connection with the Services in our discretion.  These prohibited activities include, without limitation:

Reservation of Rights.

You acknowledge that we reserve the right, but have no obligation to: (i) take appropriate legal action against anyone who, in our sole determination, violates these Terms of Use, including, without limitation, reporting you to law enforcement authorities; (ii) in our sole discretion  refuse, restrict access to or availability of, or disable all or a portion of the Services; and (iii) otherwise manage the Services in a manner designed to protect the rights and property of VRL and Users of the Services and to facilitate the proper functioning of the Services.We reserve the right to extend delivery time, or refuse to ship to you for any reason. We may take steps to verify your identity in connection with your order.

Cancellation/Termination

We reserve the right to permanently or temporarily suspend or terminate your use of the Services or your User Account if you violate these Terms of Use, or at any time in our discretion.  We may also suspend, impose limits on, or restrict your access to parts or all of the Services without notice or liability.  This Agreement will survive the termination of your User Account. You may terminate your User Account at any time by going to your account settings and disabling your User Account, or by notifying us at [insert email] This Agreement will survive the termination of your User Account.

Limitation of Liability.

IN NO EVENT SHALL VRL BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES OR EXPENSES, including any lost profits, lost data, or lost savings, whether based on breach of contract, breach of warranty, tort or any other legal theory, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF the ServiceS OR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS OR SERVICES provided through the ServiceS, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF VRL OR ITS THIRD-PARTY SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IN NO EVENT WILL VRL’S AGGREGATE LIABILITY FOR ANY CLAIM EXCEED THE AMOUNT OF PAYMENT YOU HAVE PAID TO VRL, IF ANY. 

THIS LIMITATION OF LIABILITY IS ENFORCEABLE TO THE FULLEST EXTENT POSSIBLE ACCORDING TO APPLICABLE LAW.

Indemnification. 

You agree to fully indemnify, defend, and hold VRL and its subsidiaries, affiliates, partners, 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 that arise directly or indirectly out of or from: (i) your access to, use of, or alleged use of, the Services or the services or goods obtained through your use of the Services; (ii) your breach or violation of the terms in this Agreement, any representation, warranty, or covenant referenced in this Agreement, or any applicable law or regulation; (iii) any allegation that any materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third-party; (iv) your activities in connection with the Site or other websites to which the Site is linked; (v) any negligent act or omission or any willful misconduct by you; and/or (vi) any inaccuracies in the information provided to you through the Site.

Governing Law.

You agree that your use of the Services shall be governed by and construed in accordance with the laws of California, without regard to conflict of law rules.

Arbitration

For purposes of this Agreement, you and VRL are each referred to as a “Party” and collectively, as the “Parties”. The Parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a requirement prior to either Party initiating arbitration. All claims arising out of or relating to your purchase of any product, the Services, or these Terms of Use (including its formation, performance and breach) and the Services shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions.  The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable. The arbitrator shall be empowered to determine the outcome of any claim and to grant whatever relief would be available in a court under law or in equity.  The arbitrator’s award shall be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction. If a Party properly submits the dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing, then either Party may elect to have the arbitration administered by the Judicial Arbitration Mediation Services (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures. The Parties will share the arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules require VRL to pay a greater portion or all of such fees and costs in order for this section to be enforceable, then VRL will have the right to elect to pay the fees and costs and proceed to arbitration. The exclusive seat or place of jurisdiction shall be Los Angeles County, California.

Class Action Waiver. 

The Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis.  If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the Parties shall be deemed to have not agreed to arbitrate disputes.

YOU AGREE BE ENTERING INTO THIS AGREEMENT THAT YOU AND VRL ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION AND CLASS ACTION WAIVER WILL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

Exception – Litigation of Small Claims Court Claims. 

Notwithstanding the Parties’ decision to resolve all disputes through arbitration as detailed above, either Party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. The venue for any such small claims proceedings shall be in Los Angeles County. 

Thirty Day Right to Opt Out. 

You have the right to opt-out and not be bound by the arbitration provision set forth this Agreement by sending written notice of your decision to opt-out to the following address: Vital Red Light LLC, 1122 Pico Blvd. Suite #105, Santa Monica CA, 90405.  Attention: Legal Department.The notice must be sent within thirty (30) days of registering to use the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above.  If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Services.  

Amendments. 

These Terms of Use may be amended by VRL from time to time. You agree that you will review these Terms of Use prior to purchasing any product or using this Site, and any such use or purchase will constitute acceptance of these Terms of Use, as amended. The new version of this Agreement will take effect on (i) the date falling thirty (30) calendar days after the date of such posting (or such later date as we indicate in the relevant posting) if any of the changes are to an operative provision of this Agreement which is capable of adversely affecting you, or (ii) immediately upon the date of posting or such later date as we indicate in the relevant posting if the changes are not capable of adversely affecting you, examples of which would include, without limitation: (a) changing the name of the web address for the Site or (b) the refinement of provisions that are already included or referred to in this Agreement. In either case, if You do not wish to be governed by the new version of this Agreement, you must disable your User Account as set forth herein and immediately cease to use the Site. We shall not have any liability to You in such an event.

No Oral Modifications.  

Employees of VRL are not authorized to modify this Agreement, either verbally or in writing.  If any employee of VRL offers to modify these Terms of Use, he or she is not acting as an agent for VRL or speaking on our behalf.  You may not rely, and should not act in reliance on, any statement or communication from an employee of VRL or anyone else purporting to act on our behalf.  

No Agency Created. 

Nothing contained in this Agreement creates any agency, partnership, joint venture, or employment between a Consumer and VRL.  Consumers shall not have authority of any kind to bind VRL for any reason.

Non-Waiver.

The failure of either Party to exercise in any respect 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, any mechanical, electronic or communications failure or degradation or any other cause of Force Majeure, or act of God.

Severability.

If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limitedor eliminated to the minimum extent necessary so that these Terms of Use shall 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 supersede all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Services or its contents.  Modifications to the Terms of Use that are not posted on the Services are not valid unless made in writing and signed by an authorized representative of VRL.

Notices.

You consent to receive notices and other communications regarding these terms and conditions and/or other aspects of the Services

 through posting of notices on the Services.  You agree that all agreements, notices, disclosures, and other communications that VRL provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.

YOU AGREE BE ENTERING INTO THIS AGREEMENT THAT YOU AND VRL ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Changes To These Terms of Use

We reserve the right to update these Terms of Use from time to time in our sole discretion. Please review this page for the most current version, and by continuing to use the Services after we post updates, you accept and agree to any changes.

Contact Us. 

If you have any questions about these Terms of Use or your User Account, you may contact us by email at support@vitalredlight.com or by U.S. Mail Vital Red Light LLC, 1122 Pico Blvd. Suite #105, Santa Monica CA, 90405