Terms and Conditions

TERMS AND CONDITIONS

Vooluu.com, LLC (“VooLuu”) maintains this website www.vooluu.com (“the Website”) for your personal entertainment, information, education, use, communication, and purchase of VooLuu products. The material provided on this Website is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Website is controlled and operated by VooLuu from its offices within the United States. VooLuu makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

  1. INTRODUCTION

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. By using the Website, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the Website. You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. YOU SHOULD ALWAYS SPEAK WITH A HEALTHCARE PROFESSIONAL BEFORE TAKING ANY DIETARY, NUTRITIONAL, HERBAL OR HOMEOPATHIC SUPPLEMENT.

  1. USE OF CONTENT

All information, materials, functions and other content (“Content”) contained on Website are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Website or delete Content or features at any time, in any way, for any or no reason.

Except as we specifically agree in writing, no Content from any Website may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Website, except that where the Website is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use or replication of the Content is prohibited.

  1. INTELLECTUAL PROPERTY

All Content contained on the Website are either the copyrighted property of VooLuu or are the copyrighted property of third parties. VooLuu neither warrants nor represents that your use of Materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with VooLuu.

The trademarks, trade names, and trade dress displayed on the Website are trademarks of VooLuu or third parties (“Trademarks”). Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks. In the event that you misuse any of the Trademarks in violation of these Terms and Conditions, VooLuu will aggressively enforce its intellectual property rights to the fullest extent of the law.

  1. Social Media

VooLuu maintains and interacts with various Social Media sites. These social media sites include but are not limited to various blogs, bulletin boards, networks, multi-media and news media sites or other user generated content sites (“Vooluu Social Media Sites”). By accessing, viewing and/or posting any content to any Vooluu Social Media Site on the internet, you accept, without limitation or qualification, the complete terms of use for those sites.

You agree that you are at least 18 years old and will not: violate any local, state, federal and international laws and regulations, transmit any material that is unlawful, disruptive, threatening, profane, abusive, or otherwise objectionable, transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation.

VooLuu is not responsible for the comments and postings therein and reserves the right to monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue your access to any Social Media Site, at any time, without notice and for any reason and in its sole discretion.

  1. BLOG AND POSTS

As part of its Website, VooLuu has a blog wherein it may post blogs about a myriad of fitness and health topics. You are given the opportunity to post a comment. You hereby grant VooLuu and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, in all media formats and channels now known or hereafter devised for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.

By using the Website, you agree that you will not post any statement on the blog that: (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity; (e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (f) infringes or violates any right of a third party including: (1) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (2) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (3) any confidentiality obligation; (g) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); (h) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Website or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Website; (i) does not generally pertain to the designated topic or theme of the relevant Forum to which it is submitted; (j) violates any specific restrictions applicable to a forum, including its age restrictions and procedures; or (k) is antisocial, disruptive, or destructive.

VOOLUU DOES NOT AND CANNOT REVIEW ALL COMMUNICATIONS AND MATERIALS POSTED OR UPLOADED TO THE SERVICE AND; IS NOT RESPONSIBLE FOR THE CONTENT OF THESE COMMUNICATIONS AND MATERIALS. HOWEVER, VOOLUU RESERVES THE RIGHT TO BLOCK OR REMOVE COMMUNICATIONS OR MATERIALS THAT IT DETERMINES TO BE (A) ABUSIVE, DEFAMATORY, OR OBSCENE, (B) FRAUDULENT, DECEPTIVE, OR MISLEADING, (C) IN VIOLATION OF A COPYRIGHT, TRADEMARK OR; OTHER INTELLECTUAL PROPERTY RIGHT OF ANOTHER OR (D) OFFENSIVE OR OTHERWISE UNACCEPTABLE TO VooLuu.COM AT ITS SOLE DISCRETION. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.

VooLuu reserves the right to remove any content, including, comments made by you, for any reason, at any time.

  1. DISCLAIMERS

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO OUR WEBSITE OR ANY THIRD PARTY WEBSITE OR SERVICES LINKED TO OR FROM ANY SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY WEBSITE (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

Furthermore, the Content is not intended to be a substitute for the services of trained professionals. Always seek the advice of your physician or health provider with any questions you may have regarding your physical wellness, usage of dietary supplements, and diet or exercise. If you think you may have a medical emergency, call your doctor or 911 immediately. We make no representations or warranties concerning any treatment, action, application or usage of dietary supplements, medication, preparation or other product or service by any person following the information offered or provided within or through the Website. Reliance on any information appearing on a Website is strictly at your own risk.

  1. LIMITATION OF LIABILITY

THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS.” UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY WEBSITE OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE WEBSITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THIS WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE, CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

The claims made about specific nutrients or products have not been evaluated by the Food and Drug Administration. Dietary supplements are not intended to diagnose, treat, cure or prevent disease. Please consult with a healthcare professional before starting any diet, exercise or supplementation program.

  1. INDEMNIFICATION

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the Website and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

  1. PRIVACY POLICY

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. Click here to read our Privacy Policy.

  1. DISPUTE RESOLUTION

Subject to the foregoing, you agree that: (1) any and all disputes, claims, and causes of action arising out of or in connection with these terms of use, this or any other Website shall be resolved individually, without resort to any form of class action, by binding arbitration to take place in Boise, Idaho in accordance with the rules of the American Arbitration Association and that you irrevocably accept and submit to the exclusive jurisdiction in personam and waive any and all objections to the exercise of such jurisdiction, including any objections based upon venue and forum non conveniens; (2) any and all claims, judgments, and awards shall be limited to the actual out-of-pocket amount paid by you to VooLuu for accessing the website, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and each Website user hereby waives all rights to claim punitive, incidental, or consequential damages, any other damages other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these terms of use, or the rights and obligations of users and us in connection with these terms of use, shall be governed by and construed in accordance with the laws of the State of Idaho, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Idaho or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Idaho. If any of these terms of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms of use, and will not affect the validity and enforceability of the remaining provisions.

  1. THE DMCA AND CLAIMS OF COPYRIGHT INFRINGEMENT

We have adopted and implemented a policy that provides for the removal of infringing material from our Website. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to our Designated Agent.

Notification must be submitted to the following Designated Agent: Troy St. Pierre. Notification should be sent to: 3527 S Federal Way, Suite 103, Boise, ID 83705, 208-407-7837 troy@vooluu.com.

To be effective, the notification must be in writing and include each of the following: (a) a physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  1. NOTICE.

Vooluu may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Service, or by written communication delivered by first class U.S. mail to your address on record in Vooluu’s account information. You may give notice to Vooluu at any time by letter delivered by certified first class postage prepaid U.S. mail or overnight courier to the following address:

3527 S Federal Way, Suite 103, Boise, ID 83705

11.       SHIPPING POLICY

Shipping Info

We use USPS, UPS & Fedex as our default shipping services, but you can also choose from faster options if you’re in a rush: 2nd Day Air and Next Day Air.

Orders placed on business holidays, on weekends, after 2 p.m. MST Monday – Thursday, or after 11:30 a.m. MST Friday will be processed the following business day.

Orders shipped 2nd Day Air and Next Day Air cannot be delivered to P.O. boxes.

  1. PAYMENTS

We take all major credit cards and PayPal®. Pick the one with the best interest rate and start shopping!

  1. SALES TAX

We’re located in Idaho, and businesses only have to charge sales tax for customers in the state that your business is located. If you are fortunate enough to live in beautiful Idaho, you will unfortunately be charged the current sales tax on your orders.

  1. MISCELLANEOUS

If portion of these Terms and Conditions is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions set forth the entire understanding and agreement between you and VooLuu with respect to the Website. You acknowledge that any other agreements between you, VooLuu with respect to the Website are superseded and of no force or effect, however, in the event of any conflict between these Terms & Conditions and the Privacy Policy or any other rules, the terms thereof shall prevail.

At any time, we may amend these terms of use. Any such amendment to these terms of use will be effective immediately.

No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision.

Information regarding VooLuu’s products and services is applicable only in the United States unless otherwise noted. Those who do access this Website from other countries are solely responsible for compliance with local laws of that country.

All offers set forth on the Website are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.