Terms and Conditions

Last Updated: December 2023 Introduction Welcome to Vitaboom!

 

These Terms and Conditions ("Terms") govern your use of our website and services. Please carefully read and understand these Terms before using our services. By accessing or using our website or services, you agree to be bound by these Terms. If you do not agree with these Terms, please refrain from using our website or services.

 

1. Acceptance of Terms

 

By accessing or using our website or services, you acknowledge that you have read, comprehended, and accepted these Terms. You also agree to comply with all applicable laws and regulations.

 

2. Informational Content Only

 

The information and content provided on Vitaboom, including Vitaboom’s products, are intended solely for informational purposes. They do not substitute for professional medical advice or consultation with a healthcare provider. Do not use the information available on the site for diagnosing, treating, curing, or preventing health problems or diseases. While we strive for accuracy, we cannot guarantee the completeness, accuracy, or currency of all information. Product details may change, and actual packaging and contents may differ from what is displayed on our site. Always consult labels, warnings, and directions for the most accurate product information before use. Product availability, specifications, and pricing on our site are subject to change without prior notice. 

 

3. Eligibility

 

You must be at least 18 years old to use our website and services. By using our services, you confirm that you are at least 18 years old and legally capable of entering into a binding agreement. If you are a U.S. resident, you are responsible for reporting income derived from our services as required by applicable tax authorities. You acknowledge that we are not obligated to maintain records on your behalf or report income to relevant governmental authorities unless mandated by law. You must comply with all U.S. and international laws and regulations when using our services, including export controls and embargoes. 

 

4. Description of Services

 

Vitaboom offers a one-time and subscription service for daily supplement packs. Our services encompass the sale, delivery, and management of supplement products. We reserve the right to modify, suspend, or terminate any aspect of our services at our discretion and without notice.

 

5. Subscription Service

 

By subscribing to our services, you agree to pay the relevant subscription fees, including taxes and shipping charges. Your subscription will automatically renew on a monthly basis until you cancel it or we suspend or stop providing access to the site or products in accordance with these terms, and (b) you authorize Vitaboom (or our third-party payment processor) to automatically charge your payment method the total price for the items in your subscription on the date that order is invoiced (in addition to any applicable taxes and other charges) unless and until you cancel. You must cancel your subscription within 24 hours after receiving notice of upcoming charges. 

 

6. Cancellation and Refunds

 

You can cancel your subscription at any time by following the instructions on our website. We do not provide refunds for partially used subscription periods, but you can cancel your subscription to prevent future charges. If you need help canceling your subscription please call [phone number] or email at [email]

 

7. Shipping and Delivery

 

We make reasonable efforts to ensure prompt delivery of the supplement packs. However, we are not liable for delays beyond our control. You are responsible for providing accurate shipping information and agree to cover any additional fees for address changes or redelivery.

 

8. Registration and Account

 

To access specific features of our services, you may need to register for an account. You are responsible for safeguarding your account information's confidentiality and for all activities conducted under your account. You agree to provide accurate and current information during registration and while using our services.

 

9. Accounts and Passwords

 

Certain features or services on our site may require you to establish an account, including selecting a username and password. You are solely responsible for maintaining your account's confidentiality, including your password, and for any activities carried out under your account. We may act on the instructions of any individual who claims to be authorized to make changes to your account, provided they provide your username and password online, via email, phone, or through a third-party service if applicable.

 

10. Seller Accounts

 

Health experts, who are qualified to collect profits on supplement sales, interested in selling products through Vitaboom must register for Seller Accounts. Registration may require providing identification, contact information and other personal information to Vitaboom. Additional identification and banking information may be needed for the payment processing.

 

11. Product Pricing and Sales Tax

 

Products sold through the Vitaboom platform are priced at MSRP. For all Seller Accounts, Vitaboom collects its fee as a percentage of MSRP for services, product costs, and payment processing. The remaining balance is your service fee, and the allocation of fees is determined on a product-by-product basis. We reserve the right to adjust these allocations at our discretion without prior notice. We may charge buyers additional fees, such as shipping and handling. Vitaboom, in collaboration with the Payment Processor, processes the buyer’s payments and distributes fees, sales tax, shipping and handling charges, with the remaining proceeds directed to the seller's account. Vitaboom assumes responsibility for collecting and remitting retail sales taxes for products sold through the Vitaboom platform. You agree to provide any required documentation to Vitaboom to comply with applicable laws concerning sales tax waiver.

 

12. Financial Accounts (Seller Accounts)

 

The funds held by Vitaboom and/or the Payment Processor before disbursal to a Health Expert Seller are not held in separate accounts. Vitaboom is not licensed as a bank or financial institution. Funds may be commingled, and disbursement will be based on transaction records controlled by Vitaboom.

 

13. Intellectual Property

 

All content on our website, including text, graphics, logos, images, and software, is the property of Vitaboom and is protected by copyright and other intellectual property laws. Use of our content without our explicit written consent is prohibited.

 

14. Privacy

 

Your use of our website and services is subject to our Privacy Policy, accessible on our website. By using our services, you consent to the collection, use, and sharing of your information as outlined in our Privacy Policy.

 

15. Data Privacy & Security

 

Our privacy and security practices, as detailed in these Terms and our Privacy Statement, adhere to applicable U.S. federal, provincial, and state privacy laws. Vitaboom operates in compliance with privacy regulations in each jurisdiction where we operate. Our services and products are intended for use by U.S. users, and we only ship products to U.S. addresses. If you access our services from other locations, you are responsible for complying with local laws governing online conduct and content. If you provide third-party contact information while using our services, you affirm that you have the necessary permissions to allow us to contact such third parties. Vitaboom may enter into business associate agreements (BAAs) with Health Experts when required to comply with the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH).

 

16. User Conduct

 

You agree that you will not commit any tort or violate any law, contract, or intellectual property or other third-party rights while accessing or using the Sites. You are solely responsible for your conduct, and you agree to adhere to these Terms by refraining from:

 

• Engaging in any harassing, threatening, intimidating, predatory, or stalking conduct.
• Using or attempting to use another user's Account without authorization from the respective user and Vitaboom.
• Using the Sites in a manner that could disrupt, negatively affect, or inhibit other users from fully enjoying the Sites, or that could harm, disable, overburden, or impair the functioning of the Sites.
• Reverse engineering any aspect of the Sites or engaging in any activity that might reveal source code, or bypass or circumvent measures implemented to prevent or limit access to any Content, area, or code of the Sites.
• Attempting to circumvent any content-filtering techniques employed by us.
• Trying to access any feature or area of the Sites for which you are not authorized.
• Developing third-party applications that interact with User Content or the Sites without obtaining our prior written consent.
• Using any robot, spider, crawler, scraper, script, browser extension, offline reader, or any other automated means or interface that is not authorized by us to access the Sites, extract data, or otherwise interfere with or modify the rendering of Site pages or functionality.
• Using the Sites for any illegal or unauthorized purpose, or engaging in, encouraging, or promoting any activity that violates these Terms.

17. Minimum System Requirements

 

You are responsible for securing internet access and equipment needed to use our website and services. The site functions on compatible devices and operating systems, and some features may require internet connectivity. Specific operating systems may be required for certain functionalities. Mobile applications may offer different functionalities compared to our website. 

 

18. Force Majeure

 

We are not liable for events beyond our control, including but not limited to acts of God, war, insurrection, riots, terrorism, crime, labor shortages, embargoes, postal or communication disruptions, infrastructure failure, material shortages, or any other uncontrollable event. In case of inclement weather or similar disruptions affecting order delivery, we will strive to deliver orders promptly. 

 

19. Severability

 

If any part of these Terms is deemed unlawful, void, or unenforceable for any reason, it shall be severed to the minimum extent required, and the remaining Terms, including any amended portions, shall remain in full force and effect.

 

20. Non-Waiver

 

Our failure to enforce or insist upon strict compliance with any provision in these Terms or applicable laws does not constitute a waiver of our rights. We reserve the right to enforce these provisions under the same or different circumstances in the future.

 

21. Account Termination and Cancellation

 

We may terminate your account, access to the site, or services at our discretion and without prior notice, though we may, at our sole discretion, provide notice or an explanation. In cases where termination or cancellation results from your breach of these Terms, we may offset our assessment of potential damages against any sums owed to you. We are not responsible for losses related to actions of other users. If your access to the site or services is terminated, you agree not to attempt further access under any name, real or assumed, and to indemnify and hold harmless the Restricted Parties for any liability arising from such breaches. 

 

22. California Users

 

California Users are entitled to specific consumer rights pursuant to California Civil Code Section 1789.3. The Complaint Assistance Unit of the California Department of Consumer Affairs can be contacted at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210. 

 

23. Disclaimer of Warranty

 

Our services and products are provided "as is" and "as available" without warranties, whether express or implied. We do not guarantee the accuracy, completeness, or reliability of any information on our website. Your use of our services is at your own risk. 

 

24. Limitation of Liability

 

To the extent permitted by law, Vitaboom shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of our website or services. 

 

25. Governing Law and Dispute Resolution

 

These Terms are governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising out of or related to these Terms shall be resolved through arbitration in accordance with the rules of the [Arbitration Association], with the venue being [City, State]. 

 

26. Changes to Terms

 

We reserve the right to modify or update these Terms at any time without prior notice. Please review these Terms regularly. Your continued use of our website and services after any changes constitutes your acceptance of the revised Terms. 

 

27. Contact Us

 

If you have any questions or concerns about these Terms, please contact us at [Contact Email].