Terms and Conditions

LAST UPDATED: AUGUST 1, 2018

Acceptance of the Terms of Use

These terms of use are entered into by and between You and My V Line Health, LLC (the “Company”, “we”, or “us”). The following terms and conditions, together with any documents and/or links they expressly incorporate by reference (“Terms of Use”), govern your access to and use of http://www.myvlinehealth.com, including any content, functionality, and services offered on or through http://www.myvlinehealth.com (the “Website”), whether as a guest or a registered user.

By using the Website, you accept and agree to be bound and abide by these Terms of Use, and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are at least 18 years of age, or are at least 13 years of age and have received their parent’s or legal guardian’s permission to access and use the Website. By using this Website, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these eligibility requirements, you must not access or use the Website.

These Terms of Use require the use of Arbitration to resolve disputes, rather than jury trials or class actions.

By placing an order for the Company’s products from the Website OR ENTERING INTO A MONTHLY MEMBERSHIP, you accept and are bound by these Terms of Use (INCLUDING THE TERMS OF SALE).

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of the Website following the posting of revised Terms of Use indicates that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.

Website Access and Security

We reserve the right to withdraw or amend this Website, any Product (as hereinafter defined), service, or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for: (1) making all arrangements necessary for you to have access to the Website and (2) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information, including financial information, you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, the “Content”), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as expressly provided for in these Terms of Use.

You may not remove any copyright or other proprietary notices from any of the Content and you may not modify copies of any Content from the Website. You must not access or use for any commercial purposes any part of the Website, or any services or materials available through the Website.

The Company name, the Company logo, and all related names, logos, Products, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the company. All other names, logos, product, designs, and slogans on the Website are the trademarks of their respective owners.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Prohibited Uses

You agree not to use the Website to:

(a) Violate any applicable federal, state, local, or international law or regulation;

(b) Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

(c) Transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation;

(d) Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;

(e) Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability;

(f) Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;

(g) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

(h) Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;

(i) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;

(j) Resell, barter, trade, auction or otherwise generate income by providing access to the Website or the Company’s Products to others; or

(k) Otherwise attempt to interfere with the proper working of the Website.

The Company reserves the right to restrict, suspend, disqualify or terminate your access to some parts of the Website, or the entire Website if you are found to have engaged in any prohibited uses or otherwise violated the provisions of the Terms of Use.

Copyright Infringement

If you believe that any Content or other material contained on the Website, including through a link, infringes your copyright, you should notify the Company via email at myvlinehealth@gmail.com.

Reliance on Website Information

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information Collected

All information we collect on this Website is subject to our Privacy Policy . By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases – Terms of Sale (“Terms of Sale”)

These Terms of Sale apply to the purchase and sale of Products (as defined below) and monthly Memberships (as defined below) through the Website. These Terms of Sale are an integral part of the Website’s Terms of Use that apply generally to the use of the Site.

Sale of Products and Memberships.

The Company sells certain skin care products (the “Products”) to customers for their own personal, non-commercial use. Customers have the option to purchase monthly memberships (a “Membership”) to receive the Products at their Membership price as designated by their Product(s) selection. All purchases through our site or other transactions for the sale of Products and Memberships formed through the Website or resulting from visits made by you are governed by these Terms of Sale.

You agree that your order and/or Membership purchase is an offer to buy, under these Terms of Sale, all Products listed in your order and/or Membership purchase. All orders and/or Membership purchases must be accepted by us or we will not be obligated to sell the Products to you. The Company has the sole discretion to refuse any orders. Upon receipt of an order, the Company will send you a confirmation email with your order number and accompanying details for your purchase.

The Company reserves the right, in its sole discretion, to terminate, modify, or suspend your Membership at any time.

Pricing.

Pricing for Products and Memberships (including any charges for shipping and handling) can be found on the Company’s Products and Membership page. The Company reserves the right to change prices for Products or Memberships at any time in its sole discretion.

The Company is not responsible for pricing, typographical, or other errors in any offers by us and we reserve the right to cancel any orders arising from such errors.

Payment must be received by us before our acceptance of an order or Membership subscription. We accept the following payment methods (each a “Payment Method”): Visa, MasterCard, Discover.

One (1) Month Trial

You may choose to enroll in a one (1) month promotional trial period (the “Trial”) with the Company which provides you the ability to receive Products at a reduced price, as determined in the Company’s sole discretion. Upon your Trial sign-up, you will provide payment for the Product(s) via the Payment Method which you choose to use.

At the end of your Trial, you have the option to opt-in to a monthly Membership, whereby the Company will provide you the Products at the monthly Membership price as designated by your Product selection(s). You may opt-in into the Membership with the same or alternative Payment Method as you used for the Trial.

In the event you elect not to opt-in to a Membership at the end of your Trial, you will no longer receive Products from the Company and will not be charged beyond the expiration of the Trial.

In any event, no Product(s) returns will be accepted by the Company during your Trial (including unused Products). The Company reserves the right, in its sole discretion, to terminate, modify, or suspend your Trial promotion at any time.

Membership Cancellation.

You may cancel your Membership at any time by accessing your account on http://www.myvlinehealth.com. To cancel your Membership, follow these instructions.

It may take up to seventy-two (72) hours for the Company to process a Membership cancellation. Therefore, to avoid being charged for your next Product(s) shipment, you must cancel your Membership at least three (3) days prior to your next shipment. If you have any problems with cancelling your Membership, please contact myvlinehealth@gmail.com .

If you cancel your Membership prior to the expiration of the Membership term, you will receive the full benefits of your Membership until the end of such term. The Company will not provide prorated refund to you for any unused period of time left on your Membership term.

Shipping; Risk of Loss.

The Company will arrange for shipment of the Products. Please check the Products page for the delivery options. You are responsible for all shipping and handling charges specified during the purchase process. The risk of loss and title for the Products passes to you upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipment.

Return and Refund Policy.

Please refer to Company’s Return and Refund Policy.

Goods Not for Resale or Export.

You represent and warrant that you are buying Products from the Website for your own use only, and not for the resale or export.

Force Majeure.

We will not be liable or responsible to you, nor be deemed to have breached these Terms of Sale, for any failure or delay in our performance when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, terrorist threats or acts, riot or other civil unrest, national emergency, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or power outage.

Third-Party Websites

The Website may contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranty

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR SUCH OTHER WEBSITES, IS LIMITED TO THE AMOUNT YOU PAID THE COMPANY FOR PRODUTS PRIOR TO SUCH EVENT.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your misuse of Products, violation of these Terms of Use or your use of the Website, or any use of any information obtained from the Website.

Governing Law

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

Dispute Resolution and Binding Arbitration Agreement (the “Agreement”)

YOU AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND THE COMPANY ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE OR USE OF THESE TERMS OF USE OR THE WEBSITE WILL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Agreement. The Federal Arbitration Act will govern the interpretation and enforcement of this Agreement.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If either party prevails on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to the prevailing party under the standards for fee shifting provided by law.

You have the right to opt out of this Agreement by notifying the Company of such in writing at the following address: _____________________________________ [A12] within sixty (60) days of your Product or initial Membership purchase, if applicable. If you send such notice, then this Agreement will not apply to either party and you may elect to litigate your claim pursuant to the jurisdictional requirements provided in the subsequent section of these Terms of Use. If you do not elect to opt out of this Agreement, then you agree to be bound by this Agreement.

You agree to arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

If any provision of this Agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. This Agreement will survive the termination of your relationship with the Company.

Litigation

In the event that any future legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website is not subject to the foregoing Arbitration Agreement, the Company and you agree that venue shall lie in the State of Ohio, Summit County, for such suit, action, or proceeding.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use (including the Terms of Sale) and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Assignment

The Company, in its sole discretion, may assign any of its rights or delegate any of its obligations under these Terms of Use. You may not assign any of your rights or delegate any of your obligations under These Terms of Use without the Company’s prior written consent.

Survival

Those provisions of these Terms of Use which by their nature imply they may be performed or be applicable after the termination of these Terms of Use or the termination of your relationship with the Company shall survive any such termination.

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to myvlinehealth@gmail.com.

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