Attract Vitality Enterprises Website, Accompanied App and Vitality Academy Terms and Conditions
Attract Vitality Enterprises, LLC ("AVE" "we," or "us") operates the
website location https://vitalityacademy.thinkific.com
https://vitalityacademy.thinkific.com/manage, and attractvitality.com and
the corresponding mobile application (the "Sites"), and provides online
courses on various topics, including but not limited to, fitness, dietary
and nutritional guidance, emotional health and well-being, as well as sells
dietary supplements and various other related products (the "Goods and
Services"). The Sites and the Goods and Services are made available to you
only under the following terms and conditions (the "Terms").
By accessing, browsing or using this Sites, you acknowledge that you have
read, understood and agreed to be bound by these Terms and Conditions
(these “Terms”). If you do not agree to these Terms, you should not use or
access these Sites. We reserve the right to revise these Terms at any time
by updating this posting. You are encouraged to review these Terms each
time you use the Sites because your use of the Sites after the posting of
changes will constitute your acceptance of the changes. Agreement to these
Terms also constitutes your agreement to the Attract Vitality Enterprises,
LLC Privacy Policy (the “Privacy Policy”), which are incorporated herein.
1. Use of the Sites
Accounts. In order to use certain features of the Sites, you must register
for an account with us (“Account”) and provide certain information about
yourself as prompted by the Sites registration form. You represent and
warrant that: (a) all required registration information you submit is
truthful and accurate; and (b) you will maintain the accuracy of such
information. You are responsible for maintaining the confidentiality of
your Account login information and are fully responsible for all activities
that occur under your Account. You agree to immediately notify us of any
unauthorized use, or suspected unauthorized use of your Account or any
other breach of security. We cannot and will not be liable for any loss or
damage arising from your failure to comply with the above requirements.
Access to Features of Online Services. Subject to these Terms, we grant
you a limited, non-exclusive, nontransferable personal license to access
and use the Sites. We reserve the right, in our sole discretion and
without notice to you, to revise the Goods and Services available on the
Sites and to change, suspend or discontinue any aspect of the Sites. We may
also impose rules for and limits on use of the Sites or restrict your
access to part, or all, of the Sites without notice or penalty.
Use of Third-Party Offerings. You may be able to access websites, content,
products or services provided by third-parties through links that are made
available on the Sites. We refer to all such websites, content, services
and products as “Third-Party Offerings.” If you elect to use such
Third-Party Offerings, you understand that your use of them will be subject
to any terms and conditions required by the applicable third-party
provider(s). You understand that we are not the provider of, and are not
responsible for, any such Third-Party Offerings and that these Terms do not
themselves grant you any rights to access, use or purchase any Third-Party
Offerings.
Payment Terms. Once you select a combination of Goods and/or Services, you
will be charged the applicable price upon order confirmation. All payments
will be charged in accordance with the method chosen by you. You agree to
pay the price applicable for the Goods and/or Services as of the time you
submitted your order and any applicable Taxes (defined below). All
payments are made through third-party payment processors, such as Stripe
and Paypal, or other processors as We deem fit. By purchasing the Goods
and/or Services, you also agree to the terms and conditions applicable to
the payment processor used by us.
Shipping Policy. Your Goods will be shipped by the method selected by
you. Any delivery dates provided by us are estimates and we cannot
guarantee an exact delivery date.
Return Policy. ALL SALES ARE FINAL. If there are any defective, damaged,
or missing products, you must contact us within five (5) days of receipt of
the Goods. If we are not contacted within such 5-day period, you will not
be entitled to return the product and receive a replacement.
Subscriptions: Cancelling your Membership means we end our agreement with
you under these Terms and owe you no obligations for supply or use of the
Attract Vitality Enterprises Services.
We may cancel your Membership at any time if we suspect that a purchase was
fraudulently made or an account fraudulently setup.
You may cancel your Membership at any time by logging on to your account
page on the AVE website or https://vitalityacademy.thinkific.com
https://vitalityacademy.thinkific.com/manage depending on program
selected. To cancel a membership, please log in to your account and select
the “account settings” link at the bottom of the page, then follow
instructions towards cancellation. Cancellation requests received by us
through other channels may take up to five (5) days to process. If you have
any problems, please email us at [email protected].
Cancel at least 24 hours prior to the renewal date.
There are no refunds for any unused periods.
You have a legal right to change your mind within fourteen (14) days of
becoming a Member of AVE. or https://vitalityacademy.thinkific.com
https://vitalityacademy.thinkific.com/manage. You can exercise this right
and cancel your Membership within fourteen (14) days (starting from the day
after you became a Member), you will receive a refund of the Membership fee
paid with the exception of the amount covering the AVE services or services
provided at https://vitalityacademy.thinkific.com
https://vitalityacademy.thinkific.com/manage prior to cancellation.
2. DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY
Disclaimer: The information contained at Attractvitality.com, it’s
accompanied Mobile App and https://vitalityacademy.thinkific.com
https://vitalityacademy.thinkific.com/manage “Sites” are provided for
informational purposes only and is not meant to substitute for the advice
provided by your doctor or other health care professional. You should not
use the information available on or through the Sites (including, but not
limited to, information that may be provided on the Sites by healthcare or
nutrition professionals employed by or contracting with AVE) for diagnosing
or treating a physical or mental health problem or disease, or prescribing
any medication. Information and statements regarding dietary supplements
have not been evaluated by the Food and Drug Administration and are not
intended to diagnose, treat, cure, or prevent any disease. You should
carefully read all product packaging prior to use.
Limited Warranties. THE SITES, ALL INFORMATION, CONTENT, MATERIALS AND
SERVICES RELATED TO THE FOREGOING, AND THE GOODS AND SERVICES RECEIVED BY YOU ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITES OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. WE ARE NOT THE PROVIDER OF, AND MAKE NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITES OR SERVICE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SITES OR SERVICE.
NO REPRESENTATION OR WARRANTY IS MADE THAT THE SITES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SITES AND FROM THE OUTPUT OF THE SITES. YOU UNDERSTAND THAT WE HAVE DEVELOPED OUR TECHNOLOGIES TO FIND INFORMATION THAT WE BELIEVE WILL BE MOST RELEVANT AND INTERESTING TO YOU. ACCORDINGLY, WE MAY IN OUR DISCRETION FILTER OUT LINKS TO CONTENT AGGREGATORS. SEARCH ENGINES OR OTHER ONLINE SERVICES WHOSE TECHNOLOGIES AND SERVICES, IN OUR OPINION, ARE INCONSISTENT WITH THESE OBJECTIVES.
Limitation of Liability. USE OF OUR SITES AND/OR THE GOODS AND SERVICES
RECEIVED BY YOU ARE AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, THE SERVICE, THE SITES, OR THE GOODS AND SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS, THE SERVICE, THE SITES, OR THE GOODS EXCEED THE GREATER OF (1) FIFTY DOLLARS (U.S. $50.00) OR (2) THE AMOUNTS YOU HAVE PAID TO COMPANY IN THE PRIOR 6 MONTHS HEREUNDER.
YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM
BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITES AND THE GOODS TO YOU, AND WE WOULD NOT PROVIDE THE SITES OR GOODS TO YOU WITHOUT THIS LIMITATION.
Indemnification. YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND ATTRACT VITALITY ENTERPRISES LLC, ITS SUBSIDIARIES, DIVISIONS, AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES OF DEFENSE, INCLUDING ATTORNEYS’ FEES, IN ANY WAY ARISING FROM OR RELATED TO YOUR ILLEGAL USE OF THE SITES, YOUR VIOLATION OF THESE TERMS OR THE PRIVACY POLICY, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
3. Additional Terms
Governing Law. These Terms shall be governed by the laws of the state of Nevada without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction.
Disputes. Any dispute relating in any way to your visit to, or use of, the Sites, to the Goods and Services you purchase through the Sites, or to your relationship to us shall be submitted to confidential arbitration in Nevada. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Nevada. Arbitration under these Terms will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to this Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of these Sites or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.
Modifications to Terms. We may change these Terms from time to time. Any such changes will become effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Sites. These changes will be effective immediately for new users of our Sites or Services. If you object to any such changes, your sole recourse will be to cease using the Sites and the Services. Continued use
of the Sites or the Services following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes.
Waiver; Remedies. The failure of us to partially or fully exercise any rights or the waiver of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of us under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Attract Vitality Enterprises, LLC
Last Updated: (June 28, 2022)