Date: January 1, 2015
Veda Life Ayurveda, LLC (“Veda Life”) is pleased to provide to you it websites, email, interactive and mobile applications, content, products and services (“Veda Life Products and Services”). These terms govern your use and our provision of the Veda Life Services on which these terms are posted. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE VEDA LIFE PRODUCTS AND SERVICES.
- Contract between You and Us
This is a contract between you and Veda Life, a Colorado Limited Liability Company (LLC) located at 2401 Bruce Randolph Ave, Denver, CO 80205, USA. You must read and agree to these terms before using Veda Life products or services. If you do not agree, you may not use the Veda Life products or services.
This contract is an electronic agreement that sets out the legally binding terms of your use of the Veda Life Products and Services and membership and/or auto ship Veda Life Products and Services. Each time you use the Veda Life Products and Services, you signify that you agree to be bound by these Terms.
We may amend these terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Veda Life website. If you do not agree to any change to there terms, you must discontinue using the Veda Life products and services. Our customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.
We may immediately terminate this contract with respect to you (including your access to the Veda Life products and services) if you fail to comply with any provision of these terms.
- The Veda Life Products and Services
The Veda Life Products and Services are for your personal, noncommercial use and are intended for supplemental and informational purposes only. They do not constitute legal, financial, professional, medial or healthcare advice or diagnosis and cannot be used for such purposes.
The Veda Life Products and Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property right s in the Veda Life Products and/or Services are owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the Veda Life Products and Services may be used or exploited in any way other than as part of the products and services offered to you.
Third-party Services and Content
When you access the Veda Life Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Veda Life Services may be prohibited or restricted by your network provider and not all Veda Life Services may work with your network provider or device.
- Your Content and Account
User Generated Content
The Veda Life Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonable be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership to your User Generated Content; however, you grant us a non-exclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generate Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with Veda Life Services and on third-arty sites and platforms such as Facebook, YouTube, Twitter and Instagram), in a y number of copies and without limit as to time, manner and frequency of use, without further notice to you with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permission, without the need for payment to any other person or entity, to use and exploit , and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fee), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
We have the right but no the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Veda Life Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Some Veda Life Services permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for another user. You agree that we may take steps to verify the accuracy of information you provide.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use the Disney Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.
Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Veda Life Services.
The security, integrity and confidentiality or your information are extremely important to us. We have implemented technical, administrative and physical security measure that are designed to protect your information from unauthorized access, disclosure, use and modification.
- Paid Transactions
Identify of Seller
Sales are made by Veda Life or the seller identified at the time of sale, if different. If you have questions about your order, please contact the seller at the address provided on the website and they will assist you.
Digital Content and Virtual Items
We may make applications, software or other digital content available on the Veda Life Services for you to license. When purchasing a license to access such material, charges will be disclosed to you on the Veda Life Services before you complete the license purchase.
Your purchase of a virtual item or in-game currency is a payment for a limited, non-assignable license to access and use such content or functionality in the Veda Life Services. Virtual items can only be used in connection with the Veda Life Services where you obtained them or where they were developed by you as a result in User Generated Content.
Subscriptions and Auto Ship
Some Veda Life Products and/or Services require paid subscriptions or recurring billing for auto ship products. By signing up for a subscription or auto ship, you agree that your subscription or auto ship will be automatically renewed and, unless you cancel you subscription or auto ship, you authorize us to charge your payment method for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you at the time of sale. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal.
Veda Life Membership Trials
From time to time, we may offer a free trial subscription for a Veda Life Product or Service. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.
You agree to be responsible for return shipping of the product should you wish to cancel during your trial period. You agree to pay Veda Life all charges at the prices then in effect for your use of the Service using your billing information on file, and any applicable taxes, and you authorize Veda Life to charge your chosen payment provider for the Service. Veda Life reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party resources.
The Order Process
You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments or partners. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
Payments and Billing
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
Right of Cancellation; Return of Goods
When you purchase a license to access digital content or virtual items, you will be given an opportunity to consent to delivery at the time of purchase. By consenting to delivery, you acknowledge that you have lost the right to cancel and the license purchase fee is non-refundable.
You have the right, within thirty (30) days from the date of your receipt of physical goods, to cancel our contract with you and return the goods. This right does not apply to good stated by us on the Veda Life Website as non-returnable, including supplements that have been unsealed. If you are returning goods that are not faulty, you are required to pay for the cost of returning the goods to us and we may deduct a reasonable amount if you use the goods.
If you wish to cancel, you must do so by following the cancellation instructions for the particular Veda Life Product(s) and/or Services(s) as specified on the product website.
VEDA LIFE MAY SUBMIT PERIODIC CHARGES (E.G. MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU AFFIRMATIVELY CANCEL YOUR SERVICE OR NOTIFY US THAT YOU WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE VEDA LIFE REASONABLE COULD ACT TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD.
We may revise the pricing for products and services we offer. If you pay a periodic subscription fee for a Veda Life Product and/or Service, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be abel to cancel your subscription prior to such change. When you place your order, we estimate the tax and include that estimate in the total for your convenience. The actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of the shipment, regardless of when the order was placed.
International Shipping; Customs
When ordering goods for delivery to countries other than the country where the seller is located, you may have to pay import duties and taxes levied. These and any additional charges for customs clearance must be borne by you. For goods shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; instructions and safety warning may not be in destination country languages; the goods and accompanying materials may not be designed in accordance with destination country standards, specifications, and labeling requirements. You are responsibly for assuring the goods can be lawfully imported to the destination country. When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination county.
Competitions that you enter on a Veda Life Service may have supplemental rules and conditions, but the following general rules apply absent contrary terms in any supplemental rules or conditions for the competition.
You competition entry is User Generated Content and subject to all provision of these terms that govern your submission and our use of your User Generated Content. We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid.
We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice. We will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information or acted unethically. If we cancel or terminate a competition, prizes may be awarded in any manner we deem fair and appropriate consistent with local laws governing the competition.
To enter a competition, you must be a registered user of the Veda Life Services and have an active account with current contact information. No purchase is necessary to enter a competition and a purchase will not improve your chances of winning. Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition. We reserve the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law. Potential winners who are residents in jurisdictions where competitions require an element of skill may be required to answer a mathematical test in order to be eligible to win a prize.
No cash or alternative prizes are available, except that we (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred (except to a child or other family member) or sold by winners. Only the number of prizes stated for the competition is available to be won and all prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided in connection with the competition, after which no alternate winners will be selected or unclaimed prizes awarded. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms. Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants us an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation.
- Additional Provisions
You must be at least 18 years old or the age of legal adulthood in your state of residence, whichever is older, to join Veda Life and to use the Products or Services.
By registering for Veda Life, you will receive online communications from Veda Life. You ay also receive electronic communications from Veda Life by just providing your email address and not registering. In either case, to unsubscribe from any Veda Life email list, simply click on the “Unsubscribe” link at the bottom of the mail and your name will be removed from that mailing list.
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
Veda Life Ayurveda, LLC
P.O. BOX 16047
Denver, CO 80216
We are only able to accept notices in the languages into which these terms are made available to us.
We will respond expeditiously to claims of copyright infringement committed using the Veda Life Services that are reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws.
Arbitration and Waiver Class Action Waiver
If you elect to seek arbitration or file a small claim court action, you must first send to Veda Life, by certified mail, a written Notice of your claim (“Notice”). The Notice to Veda Life must be addressed to: General Counsel, Veda Life Ayurveda, LLC, Inc., 2877 28th St. Boulder, CO, 80301 (“Notice Address”). If Veda Life initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Veda Life, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Veda Life and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Veda Life may commence an arbitration proceeding or file a claim in small claims court.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Veda Life receives notice at the Notice Address that you have commenced arbitration, Veda Life will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event the parties will be equally responsible for filing fees.
The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement.
Unless Veda Life and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Veda Life’s last written settlement offer made before an arbitrator was selected (or if Veda Life did not make a settlement offer before an arbitrator was selected), then Veda Life will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
The arbitrator will be selected pursuant to the AAA Rules.
YOU AND Veda Life AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR, OR ITS, INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Veda Life agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. THE ARBITRATOR MAY NOT AWARD EITHER PARTY PUNITIVE DAMAGES. UNLESS PROHIBITED BY THE AAA RULES, THE ARBITRATOR SHALL AWARD THE PREVAILING PARTY ITS REASONABLE ATTORNEY’S FEES AND COSTS, BUT IN ANY CASE NOT TO EXCEED $5,000, WHICH FOR THE PURPOSE OF THIS AGREEMENT IS MUTUALLY AGREED TO BE THE HIGHEST LEVEL OF REASONABLE ATTORNEY FEES.
Choice of Forum
You agree that any action at law or in equity arising out of or relating to these terms or the Veda Life Services that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the city of Denver, Colorado, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
Choice of Law
These terms are governed by and construed in accordance with the laws of the State of Colorado and the laws of the United States, without giving effect to any conflict of law principles.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these terms 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 shall not constitute a waiver of such right or provision.Terms of Service