Vital Red Light
Terms of Service and Use
Last Updated: September 29, 2021.
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.
Terms of Sale.
The following terms apply to your purchase of products via the Site and Services:
- 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.
- 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.
- Assembly – Please follow any assembly instructions included with products carefully. We are not responsible for any improper assembly of products.
- 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.
- 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.
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.
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 firstname.lastname@example.org.
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:
- Intentional or destructive damage inflicted by the user or a third party
- Your misplacement or loss of the product or any part of the product
- Any device that has been abused or damaged (including water-damaged)
- Any device that has been tampered with, modified, or fitted with outside parts
- Any device that has been resold
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 email@example.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.
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.
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.
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.
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:
- Criminal or tortious activity, including fraud, trafficking, obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, trademark infringement, or theft of trade secrets;
- Using any information obtained from the Services in order to contact, advertise to, solicit or sell any products or services to any User without their prior explicit consent;
- Interfering with, disrupting or creating an undue burden on the Services or the networks or services connected to the Services;
- Attempting to impersonate another User or person or using the User I.D. or account of another User;
- Using any information obtained from the Services in order to harass, abuse or harm another person;
- Using the Services in a manner inconsistent with any and all applicable laws and regulations;
- Undertaking any activity which infringes on our or any third-party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity and privacy;
- Posting or submitting any content which is libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
- Transmitting any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
- Restricting or inhibiting any other visitor from using the Site, including without limitation, by means of “hacking” or defacing any portion of the Site;
- Modifying, adapting, sub-licensing, translating, selling, reverse engineering, decompiling, or disassembling any portion of the Site;
- Removing any copyright trademark or other proprietary rights notices contained in the Site;
- Distributing any virus, worm or other similar or deleterious files, scripts or programming routines through the Site;
- Using any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents, authentications and security measures;
- Harvesting or collecting information about any Users or Consumers without their express consent.
- Attempting to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Services;
- Modifying, translating, or creating derivative works based on the Services;
- Removing any proprietary notices or labels on the Site; or
- Using any part of the Services for commercial purposes.
Reservation of Rights.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.