TERMS OF USE
Posting Date: 9/30/24
Welcome to Vibriance.com! These Terms and Conditions apply to our website and all other online properties through which we provided access to and purchase of our products (collectively “Website”). The Website is owned and operated by Resourceful Marketing, LLC (“our,” “we,” or “us”). These Terms of Use (“Terms”) govern any purchases of our products you make and your use of the products you purchase. By using our Website or purchasing our products, you are entering into a legally binding agreement and agree to these Terms as well as any other terms, guidelines, or rules that may apply to any promotion or other portion of our Website. If you do not agree to these Terms, then please exit our Website, and do not purchase any product. We have adopted a Privacy Policy to inform you of our practices with respect to our collection, use, disclosure, and security of personal information. You may find our policy in the footer of the home page. You should read our Privacy Policy to fully understand how we collect and use your information. The Privacy Policy is hereby incorporated into these Terms by reference.
THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN THE SECTION ENTITLED “ARBITRATION” BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US OR OUR AFFILIATES ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. YOU CANNOT BRING CLAIMS AGAINST US OR OUR AFFILIATES IN COURT. THESE TERMS ALSO CONTAIN PROVISION IN WHICH YOU AGREE TO A CLASS ACTION WAIVER IN ARBITRATION. PLEASE READ THIS PROVISION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.
OUR PRODUCTS ARE AVAILABLE AND SOLD SOLELY FOR INDIVIDUAL CONSUMER USE. WE DO NOT ALLOW RESALE OF OUR PRODUCTS BY ANY PERSON OR COMPANY. IN THE EVENT WE FIND YOU ARE ORDERING OUR PRODUCTS FOR RESALE; WE WILL CANCEL YOUR ORDER AND SEEK ALL LEGAL REDRESS AVAILABLE TO US. IN ADDITION, IF YOU PURCHASE ANY OF OUR PRODUCTS FROM A THIRD-PARTY, ALL WARRANTIES AND REFUNDS ALLOWED IN THESE TERMS ARE VOID. PLEASE REPORT ANY RESALE TO USE TO OUR ATTENTION FOR PROSECUTION.
We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. It is your responsibility to check these Terms of Use for changes prior to use of our Website, and your continued use of our Website following the posting of changes to these Terms of Use constitutes your acceptance of any changes.
ACCOUNTS AND REGISTRATION.
You represent and warrant that the information you provide to us upon creating an account on the Website and at all other times will be true, accurate, current, and complete. To facilitate future purchases on the Website, you may choose to create an account by providing an email address and password. Please note that you may choose to use the Website and make purchases without creating an account. If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third-party. Any unauthorized use of your account will be your responsibility. You agree to use reasonable efforts to prevent unauthorized access to or use of the Website and to preserve the confidentiality of your email address, username, and password on any device that you use to access the Website. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third-party, you agree to immediately notify us. You will be solely responsible for activities in your account even if there are losses incurred by us and others due to any unauthorized use of your account, and we shall have no liability to you or to any third-party arising from any unauthorized use of your account.
AGE RESTRICTION.
In order to register an account or purchase our products from our Website, you must be of the legal age of majority. Therefore, you represent and warrant that you: (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from our Website; (c) do not have more than one (1) account at any given time for our Website; (d) you will only provide us with true, accurate, current, and complete information if you register for an account and/or Orders (defined below); and (e) that you have full power and authority to enter into the Terms of Use and in doing so will not violate any other agreement to which you are a party. If we reasonably believe that your information is not true, accurate, current, or complete, or suspect fraudulent use of our Website via any automated tools or otherwise, we may deny or terminate your access to our Website and deny any orders placed on or through our Website.
PRECLUSION ON RESALE.
The products on our Website are intended for personal, non-commercial purposes only. You agree to use our Website only for lawful, noncommercial purposes and in compliance with all international, federal, state, and local laws. You may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license, or in any way exploit the content of the Website or our products.
MEDICAL AND FDA DISCLAIMER.
THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY. NONE OF THE ARTICLES OR OPINIONS PUBLISHED HAVE BEEN REVIEWED OR APPROVED BY THE FOOD AND DRUG ADMINISTRATION (“FDA”) AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. THE INFORMATION PRESENTED IS FOR ENTERTAINMENT, EDUCATIONAL, AND INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS QUALIFIED HEALTH OR MEDICAL ADVICE. ANY ACTION YOU TAKE ON THE BASIS OF THIS INFORMATION, IS SOLELY AT YOUR OWN RISK AND EXPENSE. YOU ARE ADVISED TO CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL ABOUT ANY ISSUE CONCERNING YOUR HEALTH AND WELLNESS.
Our products should be used strictly in accordance with their instructions, precautions, and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Websites is not meant to serve as a substitute for professional medical advice: Please consult with your own physician or health care practitioner regarding the use of any goods, products, or information before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns, and decisions regarding the possible treatment of any medical condition. We do not give or intend to give any answers to medical related questions and we do not replace any medical professional or medical resource. We do not represent ourselves as a physician or specialist in skin care nor is this implied. No prescription medications or medical treatments are intentionally provided on the Websites. When using any product, we recommend doing a patch test to ensure compatibility. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
INTELLECTUAL PROPERTY.
All content included on our Website, including images, illustrations, designs, icons, photographs, video clips, text, reviews, and other materials (collectively, “Content”) is our property or our licensors, partners, or affiliates and is protected by United States and international copyright laws. Unauthorized use of any Content or materials on this Website is strictly prohibited and may violate copyright and trademark laws.
All trademarks, service marks, and trade names (collectively, “Marks”) that appear on this Website are proprietary to us or our licensors, partners, or affiliates. You may not display or reproduce the Marks in any manner without our prior written consent, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Website.
LIMITED LICENSE.
We grant you a limited license to use our Website for personal use only. This license does not permit you to: (a) resell or make any commercial use of our Content, Marks, or Website; (b) modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the contents of our Website which is not intended to be available to the public (this includes using or directly viewing any underlying code including the underlying HTML); (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, post, or transmit any Content or Marks in any form for commercial purposes; or (d) use any data mining, bots, spiders, automated tools, or similar data gathering and extraction methods on the Content or collect any information from our Website or any user of our Website.
DMCA.
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Website infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. Please provide your notice to us at Vibriance, 1100 Peachtree ST NE, Suite 250, Atlanta, GA 30309.
Written notification claims concerning copyright infringement must include the following information:
USER CONTENT.
We welcome user comments, photos, information, feedback, and submissions (“User Content”). You agree that all User Content that you post to us will be treated as non-confidential, non-personal, and non-proprietary to you and may be viewed by the general public. You also agree that we, our affiliates, and our licensees are free to use any ideas, concepts, know-how, or techniques contained in any User Content you send or provide to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products, services, advertising, and marketing, without any credit, notice, approval, or compensation to you.
Grant of License. You grant to us and our designees the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast, and posting without any further consent by you or notice, credit, and/or compensation to you or any third-parties. We do not guarantee that other users will not copy, modify, distribute, or otherwise use the User Content that you share. We and our affiliates are not responsible for any user’s misuse or misappropriation of any User Content you post on the Site.
No Verification. We have no obligation and do not verify the identity or investigate the truthfulness of any User Content that has been provided to us. You agree that we do not prescreen, monitor, review, edit, or delete the User Content posted by you and other users on our Website or our Amazon store. We retain the right to modify, move, refuse, block, or remove any User Content, in whole or in part, for any reason or no reason, with or without notice. We also reserve the right to access, read, preserve, and disclose any information we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process, or governmental request; (b) enforce these Terms of Use, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security, or technical issues; (d) respond to user support requests; or (e) protect our rights, property, or safety, of other users and the public.
Prohibited Conduct. By posting User Content in or otherwise using any communications service or otherwise interacting with us, you agree that you are the sole responsible person and/or entity from which such User Content originated. You further agree that you will not and shall not permit any other person to use our comments section to:
No Endorsement of User Content. We do not review, verify, or control the User Content posted on the Site and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity, or quality. We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements, and other content of users, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the Site do not necessarily reflect our views or those of our content providers, sponsors, affiliated, or related entities, and we do not support or endorse any User Content otherwise accessible through the Site.
PRODUCT PURCHASES AND REFUNDS.
Prices. The price for all items available for purchase through the Website will be displayed to you on the Website.
Payments. The Website currently uses third-parties to process payments. Our third-party payment processors accept payments through various credit cards, including Visa, MasterCard, American Express, and Discover, as detailed on the applicable payment screen. All monetary transactions on the Website and Amazon store take place in U.S. dollars.
Returns, Refunds, and Cancellations. Your purchase is protected by our industry leading 365-day money back guarantee. You have one full year to evaluate our products efficacy. If for any reason you are unhappy with Vibriance products, you can return your bottles within 365 days of your purchase date.
To process your refund simply mail your bottle(s) to the following address:
Vibriance – Returns
10701 Abercorn St.
Unit 61553
Savannah, GA 31419
Make sure to include your full name and order number inside the package so that we can correctly process your refund. If you do not know your order number, then include the shipping address you used when placing the order. Please send returns to this address only. Returns sent to any other address may not be processed. You are responsible for paying the return shipping costs. Shipping costs are non-refundable.
International returns and exchanges are not accepted at this time.
Subscriptions. WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (A) WE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON THE FREQUENCY OF SHIPMENTS YOU MOST RECENTLY SELECTED (E.G., MONTHLY, EVERY TWO MONTHS, OR OTHERWISE) FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES; AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT, OR WE SUSPEND, OR STOP PROVIDING ACCESS TO THE WEBSITE OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU MAY SKIP ANY SHIPMENT OR CANCEL YOUR SUBSCRIPTION AT ANY TIME, SUBJECT TO THE TERMS SET FORTH ON OUR WEBSITE AND HEREIN.
Cancellation of Subscriptions Policy. YOU MAY CANCEL YOUR SUBSCRIPTION ANYTIME PROVIDING REQUEST FOR CANCELLATION AT LEAST FIVE (5) DAYS PRIOR TO YOUR NEXT BILLING DATE WHICH IS SHOWN IN YOUR ACCOUNT. T O CANCEL YOU MUST EITHER EMAIL US AT: SUPPORT@VIBRIANCE.COM OR LOG INTO YOUR ACCOUNT. ANY CANCELLATION RECEIVED WITH LESS THAN FIVE (5) DAYS UNTIL THE NEXT BILLING DATE WILL NOT BE EFFECTIVE UNTIL THE FOLLOWING BILLING PERIOD AND YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION, BUT YOU MAY RETURN THE PRODUCT AND RECEIVE A FULL REFUND LESS SHIPPING COSTS.
DISCLAIMER.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Website. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider, or the quality or nature of third-party products or services obtained through the Services. Use the Website at your own risk. We make no promises and disclaim all liability of specific results from the use of the Website.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK, AND THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON OUR WEBSITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT: (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
LIMITED LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES OR PRODUCTS YOU PURCHASE FROM US; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (C) UNAUTHORIZED ACCESS TO YOUR DATA; (D) STATEMENTS OR CONDUCT OF ANY USER OR THIRD-PARTY ON OUR WEBSITE OR AMAZON STORE; (E) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (F) ANY OTHER MATTER RELATING TO THE WEBSITE OR OUR AMAZON STORE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE OR AMAZON STORE OR YOUR USE OF OUR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE SUM OF MONIES YOU USED TO PURCHASE THE PRODUCTS.
INDEMNIFICATION.
By using the Website, you agree to defend, indemnify, and hold us, any parent companies, subsidiaries, and affiliates, and each of their respective officers, directors, employees, contractors, and suppliers harmless from any and all claims, liabilities, damages, losses, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising in any way from or in connection with your use of Our Amazon store, our Website or any service available on or through our Website, the uploading, posting, emailing, or transmission of any User Content or other materials by you or users authorized by you, infringement of any Proprietary Material, or any violation by you of these Terms and Conditions, our Privacy Policy, or any other policy posted from time to time on the Website applicable to your use of the Website. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.
CONFLICT RESOLUTION/ARBITRATION/WAIVER OF CLASS ACTION.
These Terms and the relationship between you and us will be governed by the laws of the Georgia without regard to its conflict of law provisions. Except for small claims court actions, you agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Website under the rules of the American Arbitration Association. Such disputes will be resolved on an individual basis, without aggregation of claims or any form of class treatment. Any such arbitration, to the extent necessary, will be conducted in the city of Atlanta, Georgia. You agree to submit to the exclusive jurisdiction of arbiters in this forum and agree to waive all claims of personal or subject matter jurisdiction, to the extent permissible. We agree to pay all applicable filing fees for such arbitration.
Binding Arbitration.
You and we each agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of these Terms or use of our Products, Amazon store or Website shall be governed by the law of Georgia and resolved exclusively through final and binding arbitration before the American Arbitration Association, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this "Agreement to Arbitrate"). The arbitration will be before a single arbitrator as a mutually agreed upon location. The arbitrator shall be precluded from awarding damages greater than the limitation set forth in this Agreement and shall not be authorized to award punitive damages against either party.
Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
Severability.
With the exception of "Prohibition of Class and Representative Actions and Non-Individualized Relief", if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section of these Terms is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply and that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Delaware.
TERMINATION.
Notwithstanding any of these Terms, we reserve the right, without notice or liability, and in our sole discretion, to terminate your license to use this Website, and to block or prevent future access to and use of this Website for any reason or no reason. Upon termination, these Terms will still apply.
UPDATING TERMS.
From time to time, we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. We will not notify you if these Terms are updated, as such review this page often for any updates. Your continued use of our Website, Amazon store or purchase of products after the update constitutes your consent and agreement to any updates.
WAIVER AND SEVERABILITY OF TERMS.
The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
ENTIRE AGREEMENT.
These Terms constitute the entire agreement between you and us with respect to this Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to this Website, except as specifically set forth in these Terms. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other contracts. Any rights not expressly granted herein are reserved.
When you visit the Website(s) or contact us via electronic messaging, electronic mail, or social media, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. 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.
ELECTRONIC COMMUNICATIONS.
When you visit our Website or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
