Our Product, and Services are owned and operated by Ultimate Vitality, LLC (“Company” or “we” or “our” or “us”). The term “you” refers to any purchaser and/or user of any of our Products and/or Services.
Use and Consent
All of our Products and Services are intended solely for users who are eighteen (18) years of age or older. By accessing or using our Products or Services, you represent and warrant that you are at least 18 years old.
Please know that we are here to help if you need more support! Our entire team’s commitment is to help you take your health into your own hands!
- 100% refund will be issued on your unopened item(s) returned within 30 days.
- Items must be returned in the same (or similar) condition in which they were received.
- Opened returned products will be discarded and no refund or credit will be issued.
- Refrigerated products are non-refundable and cannot be returned. Examples include, but are not limited to, probiotics.
Intellectual Property Rights
Our Limited License to You
Our Products and Services are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
You are permitted to share free resources from our Website or e-mail correspondence, e-newsletters, or other publicly shared information for your own personal or business use, but only provided that you give us credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Website page(s) from which the information was,
You are not permitted to share, sell, reprint or republish any of our paid Program Materials, including handouts, for resale or mass reproduction purposes for your own business use.
Request for Permission to Use Content
Any request for written permission to use our Products or Services, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by completing the “Contact Us” form on this Website, or by sending an e-mail to email@example.com
By participating in our Products and Services, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Product or Services in our current or future Products or Services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
It is the intent of our private Facebook communities to be a safe place where like-minded people can share their journey, learn from others, ask questions and most importantly respect other members. If your program includes access to one of our private Facebook groups or communities, we ask that you abide by certain “common-sense” rules such as:
- No discussing politics
- No disparaging remarks to the community in any way will be tolerated
We will revoke your access to our private Facebook community if we feel that you are not meeting the intent of our community or are not following our common-sense rules
Personal Responsibility and Assumption of Risk
As a Licensee, you agree that you are using your own judgment in using our Products and Services and you agree that you are doing so at your own risk. Our Products and Services are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Products and Services. Our Products and Services are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Products and Services.
Our Products and Services are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Products, and Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Product or Service participant or user, including you.
Our Products and Services are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Products and Services are not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Product and Services or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical or psychological advice whatsoever.
Errors and Omissions
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Products and Services. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
Indemnification, Limitation of Liability and Release of Claims
You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Products or Services, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.
Limitation of Liability
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Products or Services. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Products or Services, or in any way or in any location. In the event that you use our Products or Services, or any other information provided by us or affiliated with us, we assume no responsibility.
Release of Claims
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Products or Services, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
If you have a question or concern about your Products or Services you may send an e-mail to firstname.lastname@example.org we will do our best to reply to your question or concern promptly.
It is hoped that should we ever have any differences, we could be able to work them out amiably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us at email@example.com and include all of your reasons for dissatisfaction. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.
By purchasing our Products or Services you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.
You also agree that should arbitration take place, it will be held in Washoe County in the State of Nevada and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.