OVERVIEW
This website is operated by Vitamu LLC. Throughout the site, the terms
“we”, “us” and “our” refer to Vitamu LLC. Vitamu LLC offers this website, including all information,
tools and services available from this site to you, the user, conditioned upon your acceptance of all
terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing
something from us, you engage in our “Service” and agree to be bound by the following terms and
conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site,
including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors
of content.
Please read these Terms of Service carefully before accessing or using our
website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If
you do not agree to all the terms and conditions of this agreement, then you may not access the website
or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited
to these Terms of Service.
Any new features or tools which are added to the current store
shall also be subject to the Terms of Service. You can review the most current version of the Terms of
Service at any time on this page. We reserve the right to update, change or replace any part of these
Terms of Service by posting updates and/or changes to our website. It is your responsibility to check
this page periodically for changes. Your continued use of or access to the website following the posting
of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc.
They provide us with the online e-commerce platform that allows us to sell our products and services to
you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of
Service, you represent that you are at least the age of majority in your state or province of residence,
or that you are the age of majority in your state or province of residence and you have given us your
consent to allow any of your minor dependents to use this site.
You may not use our products for
any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or
viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result
in an immediate termination of your Services.
SECTION 2 – GENERAL
CONDITIONS
We reserve the right to refuse service to anyone for any reason at any
time.
You understand that your content (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices. Credit card information is always encrypted
during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service, use of the Service, or access to the Service or any contact on the website
through which the service is provided, without express written permission by us.
The headings used
in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We
are not responsible if information made available on this site is not accurate, complete or current. The
material on this site is provided for general information only and should not be relied upon or used as
the sole basis for making decisions without consulting primary, more accurate, more complete or more
timely sources of information. Any reliance on the material on this site is at your own risk.
This
site may contain certain historical information. Historical information, necessarily, is not current and
is provided for your reference only. We reserve the right to modify the contents of this site at any
time, but we have no obligation to update any information on our site. You agree that it is your
responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE
SERVICE AND PRICES
Prices for our products are subject to change without notice.
We
reserve the right at any time to modify or discontinue the Service (or any part or content thereof)
without notice at any time.
We shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of the Service.
SECTION 5
– PRODUCTS OR SERVICES (if applicable)
Certain products or services may be
available exclusively online through the website. These products or services may have limited quantities
and are subject to return or exchange only according to our Return Policy.
We have made every
effort to display as accurately as possible the colors and images of our products that appear at the
store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any
person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We
reserve the right to limit the quantities of any products or services that we offer. All descriptions of
products or product pricing are subject to change at anytime without notice, at the sole discretion of
us. We reserve the right to discontinue any product at any time. Any offer for any product or service
made on this site is void where prohibited.
We do not warrant that the quality of any products,
services, information, or other material purchased or obtained by you will meet your expectations, or
that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF
BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place
with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household
or per order. These restrictions may include orders placed by or under the same customer account, the
same credit card, and/or orders that use the same billing and/or shipping address. In the event that we
make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or
billing address/phone number provided at the time the order was made. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all
purchases made at our store. You agree to promptly update your account and other information, including
your email address and credit card numbers and expiration dates, so that we can complete your
transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to
third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and
agree that we provide access to such tools ”as is” and “as available” without any warranties,
representations or conditions of any kind and without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of
optional tools offered through the site is entirely at your own risk and discretion and you should
ensure that you are familiar with and approve of the terms on which tools are provided by the relevant
third-party provider(s).
We may also, in the future, offer new services and/or features through the
website (including, the release of new tools and resources). Such new features and/or services shall
also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY
LINKS
Certain content, products and services available via our Service may include
materials from third-parties.
Third-party links on this site may direct you to third-party websites
that are not affiliated with us. We are not responsible for examining or evaluating the content or
accuracy and we do not warrant and will not have any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or services of third-parties.
We are
not liable for any harm or damages related to the purchase or use of goods, services, resources,
content, or any other transactions made in connection with any third-party websites. Please review
carefully the third-party’s policies and practices and make sure you understand them before you
engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products
should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND
OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for
example contest entries) or without a request from us you send creative ideas, suggestions, proposals,
plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’),
you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and
otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation
(1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond
to any comments.
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these
Terms of Service.
You agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or proprietary right. You further
agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material,
or contain any computer virus or other malware that could in any way affect the operation of the Service
or any related website. You may not use a false e‑mail address, pretend to be someone other than
yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take no responsibility and assume no
liability for any comments posted by you or any third-party.
SECTION 10 –
PERSONAL INFORMATION
Your submission of personal information through the store is
governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 – ERRORS,
INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the
Service that contains typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We
reserve the right to correct any errors, inaccuracies or omissions, and to change or update information
or cancel orders if any information in the Service or on any related website is inaccurate at any time
without prior notice (including after you have submitted your order).
We undertake no obligation to
update, amend or clarify information in the Service or on any related website, including without
limitation, pricing information, except as required by law. No specified update or refresh date applied
in the Service or on any related website, should be taken to indicate that all information in the
Service or on any related website has been modified or updated.
SECTION 12 –
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of
Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to
solicit others to perform or participate in any unlawful acts; (c) to violate any international,
federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual property rights of others; (e) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or
misleading information; (g) to upload or transmit viruses or any other type of malicious code that will
or may be used in any way that will affect the functionality or operation of the Service or of any
related website, other websites, or the Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral
purpose; or (k) to interfere with or circumvent the security features of the Service or any related
website, other websites, or the Internet. We reserve the right to terminate your use of the Service or
any related website for violating any of the prohibited uses.
SECTION 13 –
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or
warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not
warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel
the service at any time, without notice to you.
You expressly agree that your use of, or inability
to use, the service is at your sole risk. The service and all products and services delivered to you
through the service are (except as expressly stated by us) provided ‘as is’ and ‘as
available’ for your use, without any representation, warranties or conditions of any kind, either
express or implied, including all implied warranties or conditions of merchantability, merchantable
quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case
shall Vitamu LLC, our directors, officers, employees, affiliates, agents, contractors, interns,
suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or consequential damages of any kind, including, without
limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar
damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising
from your use of any of the service or any products procured using the service, or for any other claim
related in any way to your use of the service or any product, including, but not limited to, any errors
or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the
service or any content (or product) posted, transmitted, or otherwise made available via the service,
even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or
the limitation of liability for consequential or incidental damages, in such states or jurisdictions,
our liability shall be limited to the maximum extent permitted by law.
SECTION 14
– INDEMNIFICATION
You agree to indemnify, defend and hold harmless Vitamu LLC
and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand,
including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of
these Terms of Service or the documents they incorporate by reference, or your violation of any law or
the rights of a third-party.
SECTION 15 – SEVERABILITY
In the
event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable,
such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and
the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination
shall not affect the validity and enforceability of any other remaining provisions.
SECTION
16 – TERMINATION
The obligations and liabilities of the parties incurred prior
to the termination date shall survive the termination of this agreement for all purposes.
These
Terms of Service are effective unless and until terminated by either you or us. You may terminate these
Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you
cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to
comply with any term or provision of these Terms of Service, we also may terminate this agreement at any
time without notice and you will remain liable for all amounts due up to and including the date of
termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or
enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or
provision.
These Terms of Service and any policies or operating rules posted by us on this site or
in respect to The Service constitutes the entire agreement and understanding between you and us and
govern your use of the Service, superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not limited to, any prior
versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service
shall not be construed against the drafting party.
SECTION 18 – GOVERNING
LAW
These Terms of Service and any separate agreements whereby we provide you Services
shall be governed by and construed in accordance with the laws of United States.
SECTION
19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the
Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update,
change or replace any part of these Terms of Service by posting updates and changes to our website. It
is your responsibility to check our website periodically for changes. Your continued use of or access to
our website or the Service following the posting of any changes to these Terms of Service constitutes
acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions
about the Terms of Service should be sent to us at support@cartoonizzed.com.