Terms of service
These Terms of use (the “Terms”) – together with the other documents referenced and linked below (collectively, the “Agreement”) — describe your rights and responsibilities concerning your receipt of online services offered by NDB Distribution, its subsidiaries and affiliates (collectively, “VIVAZEN”), including via the website Vivazen.com or other websites offered by VIVAZEN (collectively, the “Services”). In this Agreement, the terms “we”, “our” and “us” refer to VIVAZEN.
Your use of the Services, including through a visit of the Vivazen.com and or any other website operated by VIVAZEN (collectively, the “Website”) constitutes your acceptance of the Agreement. Therefore, please take the time to review them carefully.
If you do not agree with some or all of these terms, do not use the Website.
1. USE AND ACCURACY OF INFORMATION/PURCHASES
The Website is provided for general information only. Although VIVAZEN uses reasonable commercial efforts to ensure that the information contained on the Website is accurate, VIVAZEN does not warrant or make any representation regarding the accuracy or completeness of any information or data provided on the Website. VIVAZEN reserves the right to limit quantities or accept, reject or cancel orders at its sole discretion. You may purchase or order items for non-commercial use only.
2. ORDERING
Account Registration: To make a purchase on our site, you may be required to create an account. You are responsible for maintaining the confidentiality of your account login information and for any and all activities that occur under your account.
Pricing and Availability: Prices and availability of products on our site are subject to change without notice. We reserve the right to limit quantities of products purchased by an individual or a group.
Orders: All orders are subject to acceptance by us. We reserve the right to refuse any order at any time. If we are unable to fulfill your order, we will inform you and refund any applicable amount paid.
Payment: We accept various forms of payment, including credit card, debit card, and PayPal. Payment must be received before an order is shipped.
Shipping: Shipments normally do not occur on weekends or holidays. There are some exceptions where a delivery may occur on a Saturday. At times we experience a high volume of orders or due to external factors we are not able to process orders efficiently. In these cases it may take en extra day to process and ship orders.
a. Shipping charges for your order will be calculated and displayed at checkout.
Estimated delivery times are provided at checkout, but we cannot guarantee delivery by a specific date.
Currently due to state regulations we are not able to ship to: Alabama, Arkansas, Indiana, Rhode Island, Tennessee, Vermont, Wisonsin. We also do not ship to Alaska or Hawaii.
b. Once you complete your order you will receive a receipt and confirmation of your order via email. As well, once your order ships, you will receive an email with your tracking info.
c. VIVAZEN is not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).
d. VIVAZEN is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier or our support team directly to file a claim. Please save all packaging material and damaged goods before filing a claim.
3. SUBSCRIPTION
When you sign up for continuous shipments on Subscription, you expressly agree to permit us to charge your chosen payment method on a recurring basis, as well as the amount of the charge. Vivazen will submit periodic charges (e.g. monthly) to your chosen payment method without further authorization from you, until you provide prior notice at any time that you wish to cancel or to change your payment method.
4. RETURNS
We offer a 30-day return policy for most products. However, some products are non-returnable, and this will be noted in the product description. If you wish to return a product, please contact us for instructions.
5. OTHER TERMS
You understand and acknowledge that your use of the Services is also governed by the VIVAZEN Privacy Policy, which you have read and understand, and to which you agree. You consent to the collection, use and disclosure of your personal information by us and/or third parties in accordance with the terms of and for the purposes set forth in our Privacy Policy. In addition, you also agree that your use of the Services will also be subject to such other policies and procedures as may be conveyed to you by us from time to time, including via the Services or on the Website.
The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA approved research. These products are not intended to diagnose, treat, cure or prevent any disease.
6. OWNERSHIP
All of the content on or made available via the Website, including without limitation all of the page headers, images, illustrations, photographs, graphics, audio clips, video clips, multimedia clips, interfaces and text (collectively “Material”) is the property of us or our licensors—as are all related trade-mark, copyright, patent and/or other intellectual property rights.
The Material is protected under copyright, trade-mark and other laws of Canada and other countries, and VIVAZEN owns all copyright in the selection, co-ordination, arrangement and enhancement of the Material.
All company names, brand names, trade-marks and logos are the property of their respective owners, including without limitation, all trade-marks, brand names and logos owned by VIVAZEN such as “Feel Good Relief”, “VIVAZEN” and “Drink Vivazen”. No part of the Services will be construed as granting any license or right to use any trade-marks (whether by implication or otherwise), including our trade-marks, except with our express written permission or such other party that may be the owner thereof.
7. PERMITTED USE OF THE WEBSITE; PROHIBITIONS
You may download, print and store selected portions of the Material provided that you: (a) only use these copies of the Material for your own personal, non-commercial use; (b) do not copy or post the Material on any network computer, or broadcast or redistribute the Material in any media or through any other channel; (c) do not modify or alter the Material in any way; and (d) do not delete, obscure or change any copyright, trade-mark or other proprietary notice contained in the Material.
Any use of any of the Material (whether in whole or in part) is strictly prohibited, except only and to the limited extent expressly permitted above.
For any content that you submit on the Website or through any social media platform, you grant VIVAZEN a, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit on or through the Website (or any social media platform) may be used at VIVAZEN’s sole discretion. VIVAZEN reserves the right to change, condense or delete any content on the Website (or any social media platform) that VIVAZEN deems, in its sole discretion, to violate any provision of these Terms. VIVAZEN reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not VIVAZEN, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of VIVAZEN, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting content to the Website or through social media, you represent and warrant that you are the sole author and owner of the intellectual property rights in the content and that you waive all moral rights in such content. You must not submit, publish or otherwise disseminate to VIVAZEN or through the Website (or a social media platform) anything which: (a) defames, libels or invades the privacy of any person; (b) is obscene, pornographic, abusive or threatening; (c) infringes on any intellectual property or other rights of any person or entity; (d) has contaminating or destructive properties (i.e. software viruses); (e) violates any law; (f) advocates or describes any illegal activity; or (g) advertises or solicits funds for goods or services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.
By providing your email address to Vivazen.com (whether through newsletter sign up, offers, promotions, subscription service or otherwise), you expressly agree and consent to opt-in to receiving promotional/marketing emails relating to Vivazen products from time to time. If at any time, you no longer wish to receive any promotional or marketing emails from Vivazen, simply click on the “Unsubscribe” link in the email received, and Vivazen will remove your email address from its list.
We may enforce our rights to the fullest extent of the law should you breach any of these terms and conditions.
8. LINKS
The Website may contain links to other web sites. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by VIVAZEN of the linked web site or information contained therein. Your use of such sites and your dealings with the owners or operators thereof are at your own risk.
9. ERRORS AND INACCURACIES; CORRECTIONS
The Website may contain typographical errors or inaccuracies and may not be complete or current. Products on the Website may not be exactly as shown in photos or images. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior or any notice to you.
All Material is provided “as is”, “where is”, “as available”, without representations or warranties of any kind. TO THE FULL EXTENT PERMITTED BY LAW, VIVAZEN AND ALL DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND SUPPLIERS OF VIVAZEN DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, ITS CONTENTS AND ALL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE. Without limiting the foregoing, we do not represent or warrant that the Material is accurate, complete, reliable, useful, timely or current or that the Website will operate without interruption or error. We assume no responsibility, and are not liable for, any damages to your computer equipment, data or other property on account of your access to, use of, or browsing on the Website or you downloading of any Material, or inability to do any of the foregoing.
10. LIMITATION OF LIABILITY
We will not be liable for any damages of any kind arising from the use of our site, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
11. INDEMNIFICATION
You agree to indemnify and save harmless VIVAZEN and all directors, officers, employees, agents, contractors and suppliers of VIVAZEN (in this section, “we” and “us”) from and against any claim, cause of action, demand, cost, loss, expense or liability (including without limitation reasonable professional fees) brought against or suffered or incurred by us as a result of your use of the Website or your breach of this Agreement. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action relating to or arising from any services offered by us that is: (a) initiated by you, which is unsuccessful; or (b) initiated by a third party, who is suing you; you will reimburse us at a reasonable rate for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response. This defense and indemnification obligation will survive termination of this Agreement and your cessation of use of the Website
12. GOVERNING LAW AND COURTS; TIMING OF CLAIMS
These terms and conditions are governed by and construed in accordance with the laws of the state of Utah, and you agree to submit to the exclusive jurisdiction of the courts located in Utah.
13. SEVERABILITY; WAIVER
The terms of this Agreement are severable. If any provision of this Agreement is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions. No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
14. PURCHASE DISCLAIMER
While Vivazen® products contain a blend of herbal extracts, that have been used for centuries they are not for use or to be sold to persons under the age of 18. They should never be mixed with alcohol or medications and consuming them may cause vomiting. This product should be used only as directed on the label. It is not intended for nor should it be used: if pregnent, breastfeeding, on an empty stomach, while operating a motor vehicle or other machinery, or by anyone with a liver disorder or heart disease, high blood pressure, or any other medical condition or disease or disorder. Consult with a physician before using if you have a serious medical condition or are using prescription medication. A Doctor’s advice should be sought before using this and any other supplement or dietary product. These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.
15. SURVIVAL
The provisions of Sections 1, 3-4 and Sections 7-12 will survive termination of the Agreement, howsoever occasioned.
16. ENTIRE AGREEMENT
This Agreement, together with those documents incorporated or referred to herein, constitute the entire agreement between you and us relating to your use of the Services and Material, and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by our express and explicit agreement to modify this Agreement in writing, or by us making such amendments or modifications available to you pursuant to a modification of this Agreement as permitted herein. In the event of a conflict between the provisions of the Terms and the provisions of any other document or agreement incorporated or referenced herein, these Terms will govern to the extent of the inconsistency. We reserve the right to unilaterally update or modify (collectively “change”) this Agreement at any time and from time to time. We will notify you of any changes to this Agreement by posting notice of such changes on the Website. You agree that we have this right, and that your continued use of the Services following notice of such change means that you agree to and accept the amendments.
For any queries, please email info@vivazen.com