PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement governs your use of this website. Also, the offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below.
Vitality Transformations Inc. may change these terms at any time. We will post any updates or revised agreements directly on this website. Vitality Transformations Inc. will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions.
Vitality Transformations Inc. encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Vitality Transformations Inc. for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
I. PRODUCTS TERMS OF SERVICE
Terms of Offer. This Website offers for sale certain products. By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify Vitality Transformations Inc. you are agreeing to continue to receive further emails and call solicitations from Vitality Transformations and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.
1. You may use the opt out link found in any email solicitation that you may receive.
2. You may also choose to opt out, via sending your email address to: rebecca@vitalitytransformations.com.
3. You may send a written remove request to 2271 Nelson Dr. Niskayuna, NY 12309.
Proprietary Rights
Vitality Transformations Inc. has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Vitality Transformations Inc. Vitality Transformations Inc. also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.
II. WEBSITE TERMS OF SERVICE
Content; Intellectual Property;
Third Party Links
In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about fitness, health and wellness topics.
Vitality Transformations Inc. does not always create the information offered on this Website. Instead the information is often gathered from other sources. To the extent that Vitality Transformations Inc. does create the content on this Website, such content is protected by intellectual property laws. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use.
Any links to third-party websites are provided solely as a convenience to you. Vitality Transformations Inc. does not endorse the contents on any such third-party websites. Vitality Transformations Inc. is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; Terms of Service
Vitality Transformations Inc. is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will…
(1) Abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property).
(2) Not interfere with or disrupt the use and enjoyment of the Website by other users.
(3) Not resell material on the Website.
(4) Not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication.
(5) Not defame, harass, abuse, or disrupt other users of the Website.
License
By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Vitality Transformations Inc. or the applicable third party (if third party content is at issue).
III. DISCLAIMER OF WARRANTIES
Summary: You use this website and our products at your own risk. We provide everything “as is” without any guarantees.
You use this website and our products at your sole risk. We offer both the website and our products on an “as is” and “as available” basis. Vitality Transformations Inc. expressly disclaims all warranties of any kind, whether express or implied. Specifically, this includes:
- Implied warranties of merchantability.
- Fitness for a particular purpose.
- Non-infringement regarding products or website content.
Furthermore, Vitality Transformations Inc. makes no warranty that the information on this website is accurate, reliable, or complete. We do not guarantee that our links lead to accurate third-party information. No advice you obtain from this website will create a warranty that is not explicitly stated here. Because some jurisdictions do not allow these exclusions, some of these may not apply to you.
IV. LIMITATION OF LIABILITY
Summary: Our total liability to you is limited to the amount you paid for your products.
Vitality Transformations Inc.’s entire liability is limited to the amount you paid (minus shipping and handling) for products purchased via the website. This applies to any remedy in law, equity, or otherwise.
In addition, Vitality Transformations Inc. will not be liable for any direct, indirect, or incidental damages. This includes liabilities resulting from the use or inability to use the website content. We are also not responsible for the cost of procuring substitute products or for any lost profits you allege. However, because some jurisdictions do not allow these limitations, some of the above may not apply to you.
V. INDEMNIFICATION
Summary: You agree to defend us if your actions lead to a legal claim against our company.
You agree to release, defend, and hold harmless Vitality Transformations Inc. and its contractors, employees, and affiliates from all liabilities and expenses. This includes reasonable attorneys’ fees relating to:
- Your breach of this Agreement.
- Your use of the Website content or Products.
- Any intellectual property violations.
- Any data you supplied to Vitality Transformations Inc.
If a third party threatens us with a lawsuit, we may seek written assurances from you regarding your promise to defend us. If you fail to provide these, we may consider it a material breach of this Agreement. We reserve the right to participate in our own defense with counsel of our choice at our own expense. However, you have the sole responsibility to defend us, provided you receive our prior written consent before any settlement.
VI. PRIVACY
Vitality Transformations Inc. believes strongly in protecting user privacy and providing you with notice of it’s use of data. Please refer to Vitality Transformations Inc. privacy policy, incorporated by reference herein, that is posted on the Website.
VI. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
VIII. GENERAL Terms of Service
Vitality Transformations Inc. will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation
Vitality Transformations Inc. may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and Vitality Transformations Inc. and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver
The failure of Vitality Transformations Inc. to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from Niskayuna. NY. This Agreement will be governed by the laws of the State of New York without regard to its conflict of law principles to the contrary. Neither you nor Vitality Transformations Inc. will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of New York.
By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination Terms of Service
Vitality Transformations Inc. reserves the right to terminate your access to the Website. If it reasonably believes, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website. Also, Vitality Transformations Inc. may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products.
If your access to the Website is terminated, Vitality Transformations Inc. reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Vitality Transformations Inc. chooses, in its sole discretion and without advance to you, to terminate it.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
LAST REVISION: [5/7/25]