Terms And Conditions

Agreement to Site Terms of Use

By accessing and using the Services, you agree to be bound by the terms and conditions contained in these Site Terms of Use, you acknowledge: (i) that we will process your information; and (ii) to the use of cookies and similar technologies in accordance with our Privacy Policy.  If you do not agree to the terms set out in these Site Terms of Use, you must not use the Services.

Your Obligations

You are required to comply with all applicable laws in connection with your use of the Services, and such further limitations as may be set forth in any written or on-screen notice from Vida Balance. As a condition of your use of the Services, you warrant that you will not use the Services for any purpose that is unlawful or prohibited by these Site Terms of Use

Privacy Policy

You agree and consent to the terms of Vida Balance online privacy policy

Availability of the Services

We make no representations and provide no warranties that: (i) the Services will be made available at any time or from any specific geographical location; (ii) your access to the Services will be continuous or uninterrupted; or (iii) the Services will be accessible or optimized on all browser, computers, tablets, phones or viewing platforms.  We reserve the right to suspend access to all or part of the Services for any reason, including for business or operational reasons, such as improving the appearance or functionality of the Services, content updates, periodic maintenance, or to resolve any issues of which we become aware. The Services are provided for users in the United States. Although it may be possible to access the Services from other countries, we make no representation that the Services are compliant with any legal requirements in force in any jurisdiction other than United States, or that the content available on the Site will be appropriate for users in other countries.

No Professional Advice

Any information supplied through the Services or by any employee or agent of Vida Balance, whether by telephone, e-mail, letter, facsimile or other form of communication, is for educational purposes or general guidance on the use of the Services, and does not constitute medical, legal, tax, accounting or other professional advice. Health-related information provided through the Services is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician or health care practitioner. The information provided through the Services and on the Site does not replace the relationship that exists between you and your physician. You should not use the information on this site for diagnosing or treating a health problem or disease. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site.  The receipt of any questions or feedback you submit to Vida Balance does not create a professional relationship and does not create any confidentiality privileges beyond those described in our Privacy Policy.  

Online Product Purchases

(a) Product Purchases. You may purchase products available on the Site. All products, specifications, descriptions, and prices are subject to change at any time without notice. Your purchase is subject to these Site Terms of Use and the Privacy Policy. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.  In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.  

(b) Payment Information. You will be asked to enter your payment details during the checkout process. By placing an order, you confirm that the credit card you use is yours. All card payments are subject to authorization by your card issuer.

Product Use

Regulations for product use are established by country. Information contained on this site pertains only to United States, and is not intended to provide adequate information for product use. Before using any product, read and carefully observe the directions on the label.  Some products may not be available to ship to some states due to applicable state laws.

Links to Third-Party Services

The Services may contain links to other services (“Linked Services”). The Linked Services are not under the control of Vida Balance is not responsible for the content of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. Vida Balance is providing Linked Services to you only as a convenience, and the inclusion of such Linked Services is not an endorsement by Vida Balance in favor of any company offering Internet services, products or services on the Linked Services.

Copyright Rights

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by Vida Balance or its affiliates, subsidiaries or third-party licensors, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Services for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of Vida Balance or any third party.

The Service and the information contained in reference herein are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Services is strictly prohibited, without the prior written consent of Vida Balance. Requests for permission to reproduce any information contained on this Site should be mailed to Vida Balance or sent via our contact form.

Notwithstanding the above, Vida Balance authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Services, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on the Service. Systematic retrieval of data or other content from the Services to create, directly or indirectly, a collection, compilation, database or directory without written permission from Vida Balance is prohibited.

Trade and Service Mark Rights

All rights in the product names, company names, trade names, logos, product packaging and designs of all Vida Balance or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Vida Balance or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Service confers on you any license or right under any patent or trademark of Vida Balance or any third party. 

User Generated Content Terms of Use (“UGC Terms of Use”)

The “Content” refers to the photo(s), video(s), story(ies), caption and comments you posted on Facebook, Twitter, Instagram or Pinterest (“Social Media”) described in the message we sent referring you to these UGC Terms of Use.  In addition, the Content may include your responses to questions we sent you in a message regarding your use of our products, any photos or videos you provide directly to us, as well as any product reviews you posted on Social Media or provided directly to us.

Customer Ratings, Reviews, and Submissions

We welcome your reviews, comments, submissions, and any other content you submit through the Site.  By submitting any such content, you allow us to feature, such as your name, social media handle, accompanying text, and any images (collectively, “User Submissions”). 

Modification of These Site Terms of Use

Vida Balance reserves the right to amend these Terms of Use at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Use to which you are bound. Your use of the Services after the posting of modifications to these Terms of Use will constitute your acceptance of these Terms of Use, as modified. If at any time you do not wish to accept these Terms of Use, you are not thereafter authorized to use the Services.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS.” VIDA BALANCE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SERVICE, OR OTHER CONTENT OR WEBSITES THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. VIDA BALANCE DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VIDA BALANCE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (v) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY VIDA BALANCE OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

VIDA BALANCE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.

Limitation of Liability

THE SERVICES ARE PROVIDED “AS IS.” VIDA BALANCE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SERVICE, OR OTHER CONTENT OR WEBSITES THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. VIDA BALANCE DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VIDA BALANCE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (v) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY VIDA BALANCE OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

VIDA BALANCE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.

Indemnification

Upon a request by Vida Balance, you agree to defend, indemnify and hold harmless Vida Balance and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities, claims and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your violation of these Terms of Use or your violation of any rights of another.

Digital Millennium Copyright Act / Notice of Copyright Infringement

If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide Vida Balance’s Copyright Agent with the following information:

  • Identification of the copyrighted work claimed to have been infringed;

  • Identification of the allegedly infringing material on the Service that is requested to be removed;

  • Your name, address and daytime telephone number, and an e-mail address if available, so that Vida Balance may contact you if necessary;

  • A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and

  • An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. 

Any notice that fails to comply with the above requirements will not be considered sufficient notice. Schwabe North America will remove any content which infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.

Choice of Law and Forum

These Site Terms of Use shall be governed by and construed in accordance with the laws of the State of Wisconsin, excluding its conflict of law rules. You and Vida Balance expressly agree to submit to the exclusive jurisdiction and venue of the courts in Wisconsin in all disputes arising out of or relating to the use of the Services.

No Waiver

The failure of Vida Balance to enforce any provisions of these of Terms of Use or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Vida Balance as a result of these Terms of Use or your use of the Services. Nothing contained in these Terms of Use is in derogation of Vida Balance’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of these Services or information provided to or gathered by Vida Balance with respect to such use. A printed version of these Site Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Site Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability and Integration

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Vida Balance and governs your use of the Services. If any portion of these Site Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

Shopping Cart