TERMS OF USE

Terms of Use / Service

These Terms of Service are the official terms of use for Vinyasa Organics™ Inc. dba Vinyasa Skincare Inc. (hereafter, “Vinyasa,” “us”, “our”, “we”) website at www.vinyasaskincare.com (the “Website”).  The content on the Webiste and all of the products sold by Vinyasa (collectively the “Products”) are provided to you subject to the following Terms of Service.  By accessing or using the Website, you acknowledge that you have read, understand, and agree to be bound by these Terms of Service and any other policies and terms posted on the Website. We may, at our own discretion, change, add, or delete portions of these Terms of Service and Conditions at any time. We ask that you periodically check these Terms of Service for changes prior to your use of the Website.

Your use of this Website, including, informational material or any other services provided through this Website, shall be deemed to constitute your consent to be bound by the Terms of Service of this Agreement and shall be enforceable. These Terms of Service apply to all users of the Website, without limitations. If you are not willing to accept the Terms of Service, then you do not have the right to access, view, download, or otherwise use the Website or purchase any Product found on this Website and, accordingly, you should not do so. This Agreement governs and applies to your access to and use of the Website and its related domains and any order you place through this Website.

General

The Products and services on this Website are intended for personal, non-commercial purposes only. You irrevocably agree to use this Website only for lawful, non-commercial purposes and in compliance with all local, state, federal, and international law. You may not use, reproduce, copy, reverse engineer, modify, copy, publish, distribute, display, transmit, adapt, frame, link, sell, or license or in any other way exploit the content or Product on this Website.

We do not authorize the resale or distribution of any kind of our Products by any third party. By purchasing a Product from this site, you irrevocably agree that you will not sell, resell, distribute or otherwise offer for sale any Product purchased or otherwise received by you, nor will you give, sell and/or otherwise transfer Products purchased by you to any third party for the purpose of reselling or otherwise distributing. Vinyasa reserves the right to pursue any unlawful retailer and/or distributor for violations including, but not limited to, The Lanham Act and all other remedies available under State and/or Federal Law.

This Website is operated in and governed by, and in accordance with, the laws of the United States. This Website is intended for the use of residents of the United States. Please note that information we collect may be transferred and processed in the United States; therefore be aware if you are located in Canada, the European Union, or any other country outside the United States. By using the Website or by providing us with any information you irrevocably agree and acknowledge that: (i) the Website is subject to the laws of the United States and (ii) the collection, processing, maintenance, and transfer of such information in done in the United States in which the laws on privacy may not be as comprehensive to those in the country where you, the User, reside and/or are a citizen of, and (iii) you waive any claims that may arise under those laws.

Privacy

Please review the Privacy Policy before you use this Website. The information that we obtain through your use of the Website, whether through the registration process, at the point of purchase, or otherwise, is subject to our Privacy Policy. If you are not willing to accept the Terms of Service or the Privacy Policy, then you do not have the right to access, view, download, or otherwise use the Website or purchase any Product found on this Website and, accordingly, you are asked not to do so.

Compliance

Regardless of the laws applicable in the country where you reside and/or are a citizen of, you agree to comply with all applicable local, state, federal, and international law, including, without limitation, laws regarding the import and/or export of technical data by virtue of your online transmission.

Free Shipping

Any offer that includes free shipping is valid only within the continental United States.

Use of Website

You many not attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access, create or use a false identity on this Website, impersonate any entity or collect or store personal information of others, or share your account.

Subject to our Privacy Policy, all submitted content will be treated as non-proprietary and non-confidential to you and may be viewed by you and/or other users on this Website. You irrevocably agree that we, our affiliates and our licensees are free to use for any purpose, without limitation, any ideas, concepts, know-hows or techniques contained in any submitted content, and unless we indicate otherwise, you grant Vinyasa, a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, without any credit, notice, approval, or compensation to you.

We are under no obligation to validate and/or verify the identity of any user or the submitted content when they are connected to this Website. You acknowledge that we may not prescreen, monitor, review, edit or delete the submitted content.

Intellectual Property Rights

You acknowledge that the content available through this Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by Vinyasa herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Website or any content, including, without limitation, software available through the Website. You may not copy or use the content obtained through the Website in any other way or for any other purpose. You may not copy, reprint, modify, distribute, or sell content retrieved from the Website in any way, for any commercial use or provide it to any commercial source, including other web sites, regardless of whether you receive compensation, without the prior written permission from Vinyasa. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

Links

Vinyasa and its Website may provide links to other websites, content, and/or resources, including advertisers, over which we have no control. These links provided are solely as a convenience to users and should not be interpreted as an endorsement by Vinyasa. of content, items, or services on those third-party web sites. You agree that Vinyasa has no responsibility or liability for the availability of such external websites and its resources, and its content, including, without limitation advertisement, Products, or other materials available. In addition Vinyasa makes no representations or warranties with respect to the content, ownership, or legality of any such link and therefore you access and use such sites, including the content, items or services on those websites, solely at your own risk. When you leave this Website, you will be subject to the Privacy Policy and Terms of Service of such other website.

Content Disclaimer

The information, including, without limitation, advice and recommendations on the Website are intended solely as a general educational aid. It is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. It is also not intended as a substitute for professional advice and services from qualified healthcare provider familiar with your with your unique facts. Make sure to always seek the advice of your physician or other qualified healthcare provider regarding any medical condition and before starting any new treatment.

Vinyasa and its respective officers, directors, employees, contractors and suppliers assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the Website. While Vinyasa works diligently to keep the information on the Website accurate, complete, and up-to-date, Vinyasa cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information on the Website.

Disclaimer

This Website is provided on an "as is" and "as available" basis. Visitors to the Website agree that their use of, and reliance on any advice or information obtained from or through, the Website is at their own sole risk. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, Vinyasa expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for particular purpose and non-infringement.

You understand and agree that the material and/or data downloaded or otherwise obtained through the use of the Website is used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

No advice or information, with oral or written, obtained by you from us or through the Website shall create any warranty not expressly made herein.

Risk of Loss

All items purchased from the Website are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier.

Vinyasa disclaims any liability or responsibility for any overdraft charges or fees you may incur form your card issuer or bank for insufficient funds. 

Indemnification and Severability

By using this Website, you agree to indemnify and hold harmless Vinyasa and its agents, officers, directors, employees, contractors and suppliers from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of this Website; information you transmit through the Website; your breach of this Agreement; and your connection to the Website.

If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempted shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.

Limitation of Liability

You expressly understand and agree that under no circumstances will Vinyasa, or its agents, officers, directors, employees, contractors and suppliers be liable for indirect, special, incidental, or consequential damages, including without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, special, incidental, consequential damages, howsoever caused, and on any theory of liability, whether for tort (including negligence and strict liability), breach of contract, or otherwise resulting from (1) the use of, or the inability to use, the Website; (2) the use of, or the inability to use, items purchased on the Website; (3) the cost of procurement of substitute services, items, or website.

Nothing in these Terms of Service shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms of Service.

Arbitration
This Agreement and the resolution of any dispute related to this Agreement, the Website, or items you purchase through the Website shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. The parties agree that in the event of any dispute which arises between the parties relating to this Agreement which the parties are unable to resolve, said disputes shall be submitted solely and exclusively to arbitration in Orange County, California pursuant to the commercial arbitration rules of the American Arbitration Association, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. If for whatever reason the AAA is unavailable to handle the dispute, then the parties shall mutually agree on an alternative arbitral form for the dispute. Any and all disputes shall be submitted individually by you, and shall not be subject to any class action status. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST VINYASA IN AN INDIVIDUAL CAPACITY AND NOT AS A PLANTIFF OR CLASS ACTION MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. The losing Party shall pay for the prevailing Party’s fees and expenses associated with the arbitration, including attorney fees, filing fees, arbitrator fees, arbitrator travel expenses, costs of depositions and/ or court reporting, and any such costs and fees incurred in the confirmation and enforcement of the arbitration award and any resulting judgment arising out of the arbitration award. 

Subscribe and Save / Automatic Renewal Terms

If you are placing an order online or by telephone as part of our automatic renewal program, your membership in the program will remain in effect until it is cancelled. We may, in our sole discretion, terminate your membership in the program at any time without notice to you.

IF YOU ARE A MEMBER OF OUR AUTOMATIC RENEWAL PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT AND/OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO BY CALLING A CUSTOMER SERVICE REPRESENTATIVE AT THE TELEPHONE NUMBERS LISTED ON THE WEBSITE UNDER CUSTOMER SERVICE.

You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made by calling a customer service representative at 888-822-9656 or emailing us at cs@vinyasaskincare.com. If you are participating in our automatic renewal program using a credit card and your credit card fails to process for a subsequent shipment, then Vinyasa may convert your account to a pay-by-check plan. If your account has been converted to a pay-by-check plan, you will receive an invoice along with your shipment. Invoiced items not paid within 28 days of receipt will be considered past due and Vinyasa will send you communications to collect past due balances. If you fail to timely update your credit card information or fail to timely pay by check, your membership in our automatic renewal program may be terminated and your account may be sent for collection.

Age Restriction and Eligibility 

In order to use this messaging service, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian’s consent to the Agreement. This messaging service is not intended for children under the age of 13 and no person under the age of 13 may use the program. If you use the messaging service, you are affirming that you are at least 13 years old.

Choosing to Opt-Out 

You may text the keyword “STOP” in response to any text message you receive from Vinyasa to opt-out of this messaging service at any time. After texting “STOP” you will receive confirmation from us that your opt-out request has been processed via a text message sent to you. You acknowledge that an opt-out request that does not solely consist of the “STOP” keyword command will not be recognized by our system as an opt-out request, and you agree and acknowledge that Vinyasa and its service providers will not be responsible for any failure to comply with such ineffective opt-out requests. Notwithstanding the foregoing, if you opt-out from this text message program, you may continue to receive text messages from Vinyasa through any other programs you have joined until you separately opt-out from those programs.

Termination of Text Messaging 

Vinyasa may suspend or terminate this service and your receipt of Vinyasa related text messages if it believes you are in breach of these Messaging Terms. Your use of this service and receipt of Vinyasa text messages are also subject to termination in the event you no longer have the rights access to your mobile telephone service. Vinyasa reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Vinyasa text messaging service, with or without notice.

Payment Information. 

In ordering products through the Website, by telephone, or otherwise, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorized to provide. Vinyasa shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to Vinyasa, or for any other reason that we, in our sole discretion, deem appropriate. You agree that your placement of an electronic order on the Website is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required. 

Shipping

Vinyasa uses United States Postal Service, UPS and Fed-EX as our shipping partners. Products will be shipped from our facilities within 1-2 business days of the order, typical delivery time is between 5-10 business days.

Return Policy

Vinyasa offers a 30-Day Money Back Guarantee (the “Guarantee”) on all Products purchased directly through this Website or via telephone. All refunds will be assessed a convenience charge of $9.99, which shall be deducted from any refund amount. The Guarantee period shall commence on the date the order is shipped from our facilities. If Products are returned to Vinyasa you will be responsible for all return shipping charges. All returns must be shipped with a unique track-able number (a tracking number). Please contact our customer representative for return instructions.

 Connect With Us:

To reach us by phone: (888) 822-9656

Email: cs@vinyasaskincare.com