Terms of Service Overview
Please review these Terms of Service carefully, which, along with the Privacy Policy of You Vites [https://youvites.com/privacy-policy], constitute the entire agreement ("Terms") governing your use of the [https://youvites.com] (the "Website") and any services, features, content, applications, or products provided by You Vites LLC ("we", "us", or "You Vites") collectively referred to as the "Services". By accessing or using the Services in any capacity, including navigating the Website or registering for an account, you acknowledge and agree to be bound by these Terms, which include any additional guidelines or rules applicable to specific services or features on the Website, updated from time to time without notice.
Consent to Terms
Your engagement with the Services, whether it's through registration, browsing, or any other use, signifies your agreement to these Terms, along with any updates or additional terms that may be published periodically on the Website by You Vites. These additional terms become part of your agreement with us when you use those Services.
User Eligibility
You affirm that you are at least 13 years of age, as the Services are not intended for children under 13. You Vites reserves the right to refuse service, terminate accounts, or modify eligibility requirements at its sole discretion. Compliance with these Terms of Service is required by all laws and regulations, and access to the Services may be revoked where such Terms or use is prohibited or conflicts with any applicable law or regulation. The Services are intended solely for your personal, non-commercial use.
Account Registration and Security
Creating an Account on the Website grants you access to certain Services, which requires you to provide truthful and accurate information. You are responsible for maintaining the confidentiality of your Account details and for all activities that occur under your Account. It is prohibited to use another person's Account without permission. You are obliged to inform us immediately upon learning of any unauthorized use of your Account or any other breach of security. The option to delete your Account is available at any time, either by you directly or through a request to our support team.
Terms of Service Definitions
Within these Terms of Service, "Content" encompasses all forms of information, data, text, photos, video clips, audio clips, written posts, comments, software, scripts, graphics, and interactive features that are generated, provided, or made available in any manner through the Services. You accept full responsibility for any risks involved in accessing Content through the Services, including any potential harm or loss that might occur as a result. While we strive for accuracy, You Vites does not guarantee the continued accuracy or reliability of any accessed Content.
Content Notices and Usage Restrictions
The Services may include Content that is the property of You Vites LLC, our partners, or third parties, and is protected under copyright, trademark, patent, trade secret, and other intellectual property laws. You agree to observe all copyright notices, informational labels, and restrictions within any Content accessed via the Services.
Content Use License
You Vites LLC grants you a non-exclusive, non-sublicensable, and non-transferable license to download, display, and use the Content solely for engaging with the Services as intended. Any use of Content beyond the scope of these Services, including but not limited to reproduction, modification, distribution, or storage for commercial purposes or in a manner that infringes on third-party rights, is strictly prohibited without prior written consent from us.
Content Availability
We do not guarantee the availability of any Content on the Website or through the Services. You Vites reserves the right to edit, remove, or modify any Content at our discretion, at any time, without prior notice and for any reason, including compliance with legal obligations or in response to concerns regarding your compliance with these Terms of Service.
Service Usage Rules
By using the Services, you agree not to misuse them in any way that is forbidden by these Terms. Specifically, you must not:
Additionally, you may not:
You Vites also reserves the right to manage the Services to comply with legal obligations, enforce these Terms, address fraud, security, or technical issues, support user requests, or protect the rights and safety of our community.
Personal Use and Resale
All purchases from You Vites are intended for personal use only. By buying our products, you agree not to resell or distribute them for commercial purposes. Orders suspected of not adhering to this policy may be cancelled or rejected at our discretion.
Third-Party Services and Links
Our Services may allow you to interact with or link to other websites, services, or resources on the Internet, and vice versa. These third-party services are beyond our control, and we are not liable for their content, functionality, legality, or any other aspect. Linking to or from these services does not imply endorsement by You Vites. We are not liable for any harm resulting from your use of third-party resources.
Financial Transactions and Subscriptions
Access to some features of our services, including the acquisition of any merchandise we offer, might incur charges presently or in the future ("Subscribed Services"). For information on the Subscribed Services available at this time, please consult our Help / FAQ section [insert your FAQ link here]. Be aware that the payment conditions you agree to when subscribing to or using a Subscribed Service are considered an integral part of our mutual agreement.
Payment Processing
For the billing of Subscribed Services, You Vites employs an external payment service provider ("Payment Service"). Your financial transactions through your Service-linked payment account ("Transaction Account") will adhere not only to this Agreement but also to the terms, privacy policy, and conditions of the Payment Service. While we strive for accuracy in all transactions, we are not liable for any discrepancies caused by the Payment Service. By opting for Subscribed Services, you commit to settle all fees at the current rates for any utilization of such services, in line with specified payment conditions, and you permit us, via the Payment Service, to proceed with billing your selected payment option ("Payment Method"). It is your responsibility to ensure timely payment through the chosen Payment Method. Should any billing inaccuracies arise, we retain the authority to rectify such errors, even post receiving payment.
Financial Agreement
The specifics of your payment terms depend on the Payment Method selected, which could be influenced by agreements with your bank, credit card company, or other Payment Method entities. In instances where payment fails to reach us via the Payment Service, you are obligated to settle any outstanding amounts related to your Transaction Account promptly upon request.
Recurring Charges
Select services offered by You Vites, such as subscriptions for our product refills, involve an initial charge followed by automatic recurring charges as per your agreement. You have control over the frequency of your product refill orders. Visit our Help / FAQ page for detailed information on subscription products. By opting into a subscription, you acknowledge the commencement of an initial and ongoing payment obligation and agree to bear all charges incurred until you cancel. Recurring payments are considered final once processed. WE WILL CONTINUE TO INITIATE PERIODIC BILLINGS (FOR EXAMPLE, MONTHLY) WITHOUT NEEDING FURTHER PERMISSION FROM YOU, UNLESS YOU NOTIFY US IN ADVANCE (AND WE ACKNOWLEDGE RECEIPT) THAT YOU WISH TO CANCEL OR MODIFY YOUR SUBSCRIPTION OR PAYMENT METHOD. Such notification will not affect charges processed before we could reasonably act on your request. Manage your subscription preferences or update payment methods via your account settings on our website.
Account Information Accuracy
It's crucial to maintain accurate, complete, and up-to-date information in your billing account. This includes promptly updating your billing address, payment card number, and card expiration date. Immediately inform us or our payment processor in case of payment method cancellation (for instance, due to loss or theft) or if you suspect a security breach such as unauthorized use of your username or password. Make these updates directly through your account on our website. Failure to maintain accurate account information may result in continued billing for paid services, even if you intend to cancel them according to the procedures outlined above.
Adjustments in Billing Amount
Should the charge to your billing account differ from the amount you authorized (excluding changes in tax rates), we'll provide advance notice of the charge amount and the transaction date. The terms of your payment method agreement govern its use. We may compile charges incurred and bill them as one or several total charges at the end of each billing period.
Subscription Auto-Renewal
Your subscription will automatically renew for the same term length at the current rate unless you opt out of auto-renewal through your Account Settings. To modify or cancel your Subscription Services, access your Account Settings on our website. Upon cancellation, you'll retain access to the subscription until the end of your current billing cycle, after which it will not renew. All subscription fees are non-refundable once paid.
Continuation of Authorization
By not canceling or continuing to use a Paid Service, you confirm our right to charge your payment method for such service. We will process these charges, and you are responsible for them. This does not limit our ability to charge you directly. Payment for services may be required upfront, after service delivery, per usage, or as initially described at the time of service selection.
Trial Offers and Promotions
Any trial offer or promotion granting access to our Paid Services must be utilized within the set trial period. To prevent charges for a Paid Service, discontinue its use before the trial period concludes. Should you cancel before the trial's end and still incur charges for a Paid Service, reach out to us at support@youvites.com.
Service Termination
You Vites reserves the right to terminate your access to any or all parts of the Services at any moment, with or without reason, and with or without prior notice, immediately effective. This may lead to the loss and destruction of all information associated with your account. To terminate your Account, follow the provided directions on our website or within the Services interface. Fees paid are non-refundable. Terms inherently meant to survive termination will continue after termination, including but not limited to, ownership clauses, disclaimers of warranty, indemnity, and limitations of liability.
Disclaimer of Warranty
You Vites does not hold a special relationship or fiduciary duty to you. Acknowledge that we are not obliged to monitor:
You absolve us from all responsibility should you acquire or fail to acquire Content via the Services. We do not endorse any Content available through the Services, nor will we be accountable for its accuracy, compliance with copyright laws, or its legality. THE SERVICES AND CONTENT ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY FORM OF WARRANTY, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OUR TEAM, INCLUDING DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS, DO NOT GUARANTEE THE SERVICES' SECURITY, AVAILABILITY, THE CORRECTION OF DEFECTS, VIRUS-FREE CONTENT OR SOFTWARE, OR THAT THE SERVICES WILL MEET YOUR NEEDS. USING THE SERVICES IS AT YOUR SOLE RISK.
Indemnification
You agree to defend, indemnify, and hold harmless You Vites, our affiliates, and our respective employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including attorney fees, that arise from your misuse of the Services, violation of these Terms of Service, or infringement by you, or any third party using your account, of any intellectual property. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such an event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL YOU VITES, INCLUDING ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES, WHETHER UNDER A THEORY OF CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE PRINCIPLE. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF PROFITS, DATA LOSS, COST FOR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE GREATER OF THE TOTAL FEES PAID BY YOU TO YOU VITES FOR THE SERVICES IN THE THREE MONTHS PRIOR TO THE CLAIM OR $500.00.
Governing Law and Jurisdiction
The Terms of Service are governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws principles, and the United States of America. Any dispute arising from or relating to these Terms of Service shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in Ohio.
Changes to the Terms
You Vites reserves the right, at its sole discretion, to modify or replace any part of these Terms of Service, or change, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, database, or content) at any time by posting a notice on our website or by sending you notice through the Services, email, or any other appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services after the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Entire Agreement and Severability
This document and any documents referred to herein constitute the full and entire agreement between You Vites and you regarding the Services provided. They supersede any prior discussions, agreements, or communications regarding the Services. If any part of these Terms of Service is deemed invalid or unenforceable, that part will be limited or removed to the minimum extent necessary, so the remainder of these Terms remains in effect and enforceable. The failure to exercise any right provided in these Terms does not imply waiver of any other rights.
Force Majeure
You Vites is not liable for delays or failures in performance resulting from acts beyond its reasonable control, including but not limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, fire, communication line failures, power failures, earthquakes, or other disasters.
Assignment
These Terms of Service are personal to you and cannot be transferred or assigned by you without our prior written consent. We reserve the right to assign or transfer our obligations under these Terms without restriction.
Coupon Codes
Coupon codes issued by You Vites are non-transferable, not redeemable for cash, and cannot be combined with other offers. Each coupon is valid for a single use per order. Unless otherwise stated, coupons expire 90 days from issuance. Unauthorized copying, selling, altering, or distribution of coupons is prohibited. Coupons are void where prohibited by law and may be subject to regulations. You Vites reserves the right to modify or limit coupons at its discretion.
Agency
Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship of any kind between You Vites and any user.
Notices
All notices under these Terms of Service must be in writing. Notices are considered duly given when delivered personally, sent by certified or registered mail (return receipt requested), confirmed by electronic transmission, or the day after being sent by overnight courier. Electronic notices should be directed to support@youvites.com.
No Waiver
Failure by You Vites to enforce any part of these Terms of Service does not constitute a waiver of the right to later enforce that or any other part of these Terms. Waivers must be in writing to be effective.
Headings
Headings in these Terms of Service are for convenience only and do not affect the interpretation of any provision.
Contact Information
For inquiries or notices, you may contact You Vites at:
You Vites LLC
PO Box 104
Wadsworth, OH 44281
USA
Effective Date
These Terms of Service are effective as of January 2024.