TERMS AND CONDITIONS
By visiting the www.vita-lumen.com website (the “Site”), you are agreeing to our Terms and Conditions. We give visitors to our Site access to the Site subject to the following Terms and Conditions which we may update from time to time without prior notice. These Terms and Conditions apply to all users of the Site including without limitation visitors to the Site, customers, and/or contributors of content (collectively called the “Users”). We will notify you of the latest updates by updating the “Last Updated” date at the bottom of this page.
Please carefully read the following terms and conditions of use before accessing the Site. By browsing through the pages of the Site or by accessing the Site, you acknowledge that you have read, understood, and agree to these Terms and Conditions.
By accessing and/or using the Site, you warrant and represent that you are at least 18 years old or the age of majority in your state or place of residence, whichever is greater. If you are under the age of 18, you may not use the Site nor provide us with any personal information. Vita Lumen reserves the right to, at any time and without giving prior notice, terminate any User’s account and delete the User’s information on the Site if we believe the User is under the age of 18.
You represent and warrant that you will not make any attempt to gain unauthorized access to any computer system or network connected to the Site.
You represent and warrant that you will not disrupt or interfere with any Vita Lumen server network, or equipment in relation to the Site.
You represent and warrant that you will not upload, transmit, email, post, or otherwise make available to the Site any spam mail, junk mail, or unsolicited email.
You represent and warrant that you will not use the Site for any illegal or unauthorized purpose.
You represent and warrant that your use of the Site will not violate any applicable law.
You represent and warrant that you will not install on the Site any software viruses, Trojan horses, worms, or any other malicious application or code.
Modification and Termination of Services
Vita Lumen reserves the right to modify, discontinue, temporarily or permanently terminate any Service of the Site with or without notice to the Users and without liability to the Users or any third party. Vita Lumen, in its sole discretion and for any reason, may decide to terminate any User’s access to any of our Services and refuse any and all current and future access to the Site Services without the obligation to assign reason for doing so.
All information disclosed within sessions is held completely confidential and will not be given to anyone without your expressed permission to do so except where disclosure is required by law.
Fees and Payments
You agree to pay Vita Lumen all applicable fees and taxes whenever you make a purchase through the Site and you agree to abide by all the pricing terms on the Site.
Payments for sessions are made through PayPal. Our third-party payment processors shall authorize any payment facility you provide for the full payment of the fees and any applicable taxes, and you hereby consent to the same. All amounts displayed on the Site are in US Dollars and you will be charged in USD. You will ensure that all payment information you provide is correct, accurate, and kept updated at all times and that you are fully authorized to use such payment information. During the payment processing, you may be asked to verify your account or payment method via phone or email.
Cancellations and Refunds
A full refund is provided for cancellations up to 24 hours prior to the appointment start time. 24-hour notice is required for all cancellations or reschedulings. Refunds will not be provided for cancellations made within 24-hours. The complete fee for a session is forfeited for all no-shows; no exceptions will be made.
Refusal of Service
The Services offered on the Site are subject to our acceptance of your order or requests. Vita Lumen reserves the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
Our Intellectual Property
The Site contains materials including logos, images, graphics, texts, and other materials provided by or on behalf of Vita Lumen (collectively referred to as “Content”). This Content may be owned by us or third parties and are protected under both the United States laws and foreign laws. You are prohibited from using this Content except with our express written permission. You have no rights in or to the Content and you will not use this Content except as permitted under these Terms and Conditions.
Vita Lumen retains all rights, interest, and title, including all intellectual property rights to the Content. You may not sell, assign, transfer, modify, license, or sublicense the Content or reproduce, publicly perform, display, make a derivative version of, distribute, or otherwise use the Content in any way for any commercial purpose. You are expressly prohibited from using or posting the Content on any other website, social media page, or in any networked computer environment.
We will automatically terminate your access and/or use of the Content and the Site if you violate any part of this agreement and you must destroy all copies of the Content you may have made. The trademarks and logos of Vita Lumen used and displayed on the Site are registered trademarks of Vita Lumen. Other products and service names present on the Site may be trademarks owned by others.
Nothing on the Site should be interpreted as granting, by implication or otherwise, any right or license to use the Trademarks without our prior expressed written permission specific for such use. You are prohibited from using the Trademarks as part of a link to or from any website unless the establishment of such a link is approved in advance by us in writing.
Material You Submit to The Site
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
Intellectual Property Rights to Your Materials
Vita Lumen claims no intellectual property rights over the material you supply to us. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Vita Lumen remains yours to the extent that you have any legal claims therein. You agree to hold Vita Lumen harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, non-exclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
The Site may contain links to third-party websites that are not affiliated to or controlled by us. These third-party websites are not checked for appropriateness, accuracies, or completeness by us, and we are not responsible for any third-party website accessed via a link from this Site.
Linking third-party websites to our Site do not signify endorsement or approval thereof. If you decide to leave our Site and go to a third-party website, you do so at your own risk and you should be informed that our Terms and Conditions do not govern these third-party websites. You are advised to review the applicable terms and policies including Terms and Conditions and the privacy policies of these third-party websites before proceeding to release any information to the websites or accessing the websites. Any purchases you make through third-party websites will be through other websites and we are not responsible whatsoever for such purchases which are exclusively between you and the applicable third party.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VITA LUMEN, ITS AFFILIATES, AGENTS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, GOODWILL, PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. UNDER NO CIRCUMSTANCES WILL VITA LUMEN BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM TAMPERING, HACKING, OR ANY OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VITA LUMEN ASSUMES NO LIABILITY AND IS NOT RESPONSIBLE FOR ANY (I) ERRORS OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY VIRUSES, BUGS, TROJAN HORSES, OR ANY OTHER MALICIOUS APPLICATION OR CODE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE AND (AS APPLICABLE) THE LIABILITY OF VITA LUMEN’S SUBSIDIARIES, OFFICERS, DIRECTORS, CREATORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $1.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VITA LUMEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The users shall defend, indemnify and hold Vita Lumen, its affiliates, officers, directors, employees, consultants, representatives, and agents harmless from any and all losses, damages, judgments, suits, costs, and expenses (including litigation costs and reasonable attorneys' fees) made by any third party due to or arising out of your use and access of the Site, your non-compliance with these Terms and Conditions, or your violation of any law or the rights of a third-party.
Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and Vita Lumen pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Vita Lumen shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Vita Lumen.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
In the event that any provision of these Terms and Conditions is judged to be unlawful, illegal, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be deleted and such determination shall not affect the validity and enforceability of the remainder of these Terms and Conditions.
Nothing in this Agreement shall be interpreted as making either party the partner, agent, joint venture, legal representative, employer, or employee of the other. Neither party shall have or hold itself out to any third party as having any authority to make any statements, commitments, or representations of any kind, or to take any action that shall be binding to the other, except as provided for herein or authorized in writing by the party to be bound. These Terms and Conditions shall be interpreted only in accordance with the laws of the state of Washington, DC, and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in Washington, DC. These Terms and Conditions will be binding and will inure to the benefit of the legal representatives, successors, and assigns of the parties hereto. These Terms and Conditions and the policies referenced herein constitute the entire agreement between Vita Lumen and its users with respect to the subject matter hereof, and User has not relied upon any promises or representations by Vita Lumen with respect to the subject matter except as set forth herein.
If you have any inquiries or concerns regarding these Terms and Conditions, please contact us at firstname.lastname@example.org.
Last Updated (22 August, 2020)