Your terms and conditions of use
Policies and Procedures
Please read the following Policies and Procedures carefully before using our website. All users of this website (site) agree that access to and use of this site are subject to the following Policies and Procedures, and all other applicable law. If you do not agree to these Policies and Procedures, please do not use our website.
Copyright
The entire content included in this website, including but not limited to text, graphics or code, is copyrighted as a collective work under the United States and other copyright laws, and is the sole property of VitalitySoul. The collective work includes works that are licensed to VitalitySoul copyrighted in 2012 and 2013, VitalitySoul all rights reserved. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with VitalitySoul or purchasing Vitality Soul Products, Workshops, or Retreats. You are subject to any expressly stated restrictions or limitations relating to specific material, downloading or printing portions of the material from the different areas of the site solely for your own non-commercial use. Any other use of this website, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by VitalitySoul. You further agree not to change or delete any proprietary notices from materials downloaded from this website.
Indemnification
You agree to indemnify, defend, and hold harmless VitalitySoul, its officers, directors, employees, agents, licensors and suppliers (collectively the Service Providers) from and against any and all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these Policies and Procedures, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing our website using your Internet account.
Limitation of Liability
VitalitySoul shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if VitalitySoul has been advised of the possibility of such damage. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Miscellaneous
Your use of this website shall be governed in all respects by the laws of The State of Connecticut, without regard to the choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this website including but not limited to the purchase of VitalitySoul Products, Workshops, or Retreats, shall be in the State or Federal Courts located in New Haven, CT. Any cause of action or claim you may have with respect to our website including but not limited to the purchase of VitalitySoul Products, Workshops, or Retreats, must be commenced within one (1) year after the claim or cause of action arises. VitalitySoul’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. VitalitySoul may assign its rights and duties under this Agreement to any time without notice to you.
Notice
VitalitySoul may deliver notice to you by means of email, a general notice on the website, or by other reliable methods, to the address you have provided to VitalitySoul.
Participation Disclaimer
VitalitySoul does not and cannot review all communications and materials posted to or created by users accessing the website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view such user generated content on the site, VitalitySoul is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any of the contents or activities on the linked websites. However, VitalitySoul reserves the right to block or remove any communications or materials that it determines to be abusive, deceptive, defamatory, fraudulent, misleading or obscene, in violation of a copyright, trademark or, other intellectual property rights of another, or offensive or otherwise unacceptable material or otherwise, by VitalitySoul in it’s sole discretion.
Termination
These Policies and Procedures are applicable to you upon your accessing our website and or completing the shopping or registration process. These Policies and Procedures or any part of them, may be terminated by VitalitySoul without notice at any time, for any reason. The provisions relating to Copyrights, Disclaimers, Indemnification, Limitation of Liability, and Miscellaneous, and Trademarks, shall survive any termination.
Third-Party Links
In an effort to provide increased value to our website visitors, VitalitySoul may link our site to websites operated by third parties. However, even if the third party is affiliated with VitalitySoul, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of Vitality Soul. These linked sites are only for your own convenience and therefore you access them at your own risk. Nevertheless, VitalitySoul seeks to protect the integrity of its website and the links placed upon it VitalitySoul therefore requests from you, any feedback on not only our own website, but for sites it links to as well, including if a specific link becomes inaccessible to you.
Trademarks
All trademarks, service marks and trade names of VitalitySoul used in this site are trademarks or registered trademarks of Vitality Soul.
Typographical Errors
In the event that a VitalitySoul product is mistakenly listed at an incorrect price, VitalitySoul reserves the right to refuse or to cancel any orders placed for that product that was listed at the incorrect price. VitalitySoul reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, VitalitySoul will issue a credit to your credit card account in the amount that you have been charged.
Use of our Website
Harassment in any manner or form on this website, including via e-mail, chat, or by the use of obscene or abusive language, is strictly forbidden. Impersonation of others including VitalitySoul, licensed employees, hosts, or representatives, as well as other members or visitors on or to the website is strictly prohibited. You may not upload to distribute, or otherwise publish through our website any content which is abusive, defamatory, illegal, invasive of privacy or publicity rights, libelous, obscene, threatening, or otherwise objectionable, which may constitute or encourage a criminal offense. violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on this website or use the site to solicit others to join or become members of any other commercial online service or other organization.
Warranty Disclaimer
This website and the materials and products marketed on this website are provided “as is” and without warranties of any kind, whether expressed or implied, to the fullest extent permissible by applicable law. VitalitySoul disclaims all warranties, expressed or implied, including but not limited to implied warranties, and for the fitness or usefulness for a particular purpose or noninfringement. VitalitySoul does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes this website available are free of viruses or other harmful components. VitalitySoul does not make any warranties or representations regarding the use of the materials in this site in terms of their accuracy, adequacy, correctness, reliability, timeliness, usefulness, or otherwise. Some States do not permit limitations or exclusions on warranties, so the above limitations may not apply to you in that case.