Terms of Service

Welcome to Viva Nourish’s Terms of Service. Viva Nourish operates this website and provides all information, images, tools, and services available through this platform to you, the user, subject to your acceptance of all terms, conditions, policies, and notices outlined herein, which form a binding “Agreement”. Throughout this website, “we”, “us” and “our” refer to Viva Nourish as the owners and operators of this platform.

When you visit our site or make a purchase from us, you engage with our “Service” and agree to be bound by these terms and conditions (“Terms of Service”, “Terms” or “Agreement”), along with any additional terms and conditions, policies, subscription terms, privacy policy, and other terms or policies referenced herein or available via hyperlink on our website. These Terms of Service govern all site users, including but not limited to browsers, customers, and content contributors.

Please carefully review these Terms of Service before accessing or using our website. By accessing or using any portion of the site, you agree to be bound by these Terms of Service. If you disagree with any terms and conditions stated herein, you may NOT access the website or use any Services. We do not make an offer through these Terms. Should these Terms of Service be deemed an offer, acceptance is expressly limited to these Terms of Service.

Any new features, additional information, or tools added to this website will also be governed by the Terms of Service. You may review the current version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any portion of these Terms of Service by posting updates and/or changes to our website. You are responsible for periodically checking this page for changes, particularly before making any purchases from our website. Your continued use of or access to the website following the posting of changes constitutes acceptance of those modifications.

Our website is hosted on Hostinger or another vendor we select to provide this service. They supply us with the online e-commerce platform that enables us to offer our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By accepting these Terms of Service, you acknowledge this is a binding and legally enforceable contract and you represent that you have reached the age of majority in your home state or province of residence, or that you have reached the age of majority in your state or province of residence and have provided us consent to allow any of your minor dependents to use this Site.

You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction while using the Service (including but not limited to copyright laws).

You must not transmit or assist others in transmitting any malware, worms, viruses, or any code of a destructive or phishing nature.

Any breach or violation of these Terms will result in immediate termination of your Services and potentially additional legal action. We reserve all rights.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to any person for any reason at any time.

You understand that your content may be transferred unencrypted and may involve: (a) transmissions across various networks; and (b) modifications to conform and adapt to technical requirements of connecting networks or devices. Our partners take your financial privacy seriously and we continue to implement current software versions to prevent unauthorized disclosure of your confidential information.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website, Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information available on this site is inaccurate, incomplete or outdated. The material on this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. The information on this site does not constitute medical advice and should not be used to diagnose or treat any illness. You should consult with a licensed physician if you are experiencing pain, illness, have had a product reaction, or are treating an illness. Any reliance on the material on this site is at your own risk.

This site may contain historical information. Historical information is necessarily outdated and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that monitoring changes to our site is your responsibility.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Product prices are subject to change without notice. We may begin, end, or limit promotions on our website at any time without prior notice. We reserve the right to modify, replace or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or any third-party for any modification, price change, suspension, cancellation or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Some products and services featured or linked to on this website are affiliate products, meaning we may earn a commission if you click a link and make a purchase, at no additional cost to you.

We do not directly sell any products through this website. All products are sold and fulfilled by third-party vendors or original product owners through their official websites. Our role is promoting these products through affiliate partnerships, and we are not responsible for the sale, delivery, or quality of any product or service purchased via external links.

We recommend only products we believe offer value, but please conduct your own due diligence before making purchases.

We have made every effort to accurately display the sizes, colors and images of products appearing on this website. We occasionally change products and do not always immediately update the website. Additionally, we cannot guarantee that your computer monitor’s display of any color will be accurate.

We do not warrant that the quality of any products, services, information, recommendations, communications or any material purchased or obtained by you through our website will meet your expectations, or that any errors in the Service will be absent.

We may collect your email address when you subscribe to our newsletter or updates. This information is used solely to send you content related to our website, including product recommendations, affiliate offers, and updates.

We use trusted third-party services (such as email marketing platforms) to manage and send these communications. These services may process your data according to their own privacy policies.

You may unsubscribe at any time by clicking the “unsubscribe” link in any of our emails or by contacting us directly at support@vivanourish.com.

Please note: We are an affiliate marketing website. We do not sell products directly — we promote third-party products, and we may earn commissions if you purchase through our affiliate links. For purchases, please refer to the privacy policies and terms of the third-party websites you visit via our links.

SECTION 6 – THIRD-PARTY LINKS

Certain content, products and services available via our Service include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are vendors or product owners. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party’s policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Social buttons for third-party social media websites (i.e. Meta, Twitter, LinkedIn) may be used to enable our users to share or bookmark webpages. We cannot prevent these websites from collecting information about you. To understand how third-party social media websites use information about your activities on the Website and the internet, please read their respective Terms of Use and Privacy Policies.

SECTION 7 – PERSONAL INFORMATION

Your submission of personal information through the website is governed by our Privacy Policy. To view our Privacy Policy, click here.

SECTION 8 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on this website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Service on our website, including but not limited to pricing information, except as required by law. No specified update or refresh date applied in the Service should be taken to indicate that all information in the Service on our website has been modified or updated.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without our request you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PROHIBITED USES

In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or our website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not promise, guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

In no case shall Viva Nourish be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 12 – SERVICES ARE ON AN AS IS BASIS

THE USE OF OUR WEBSITE AND THESE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL SUCH WARRANTIES. THIS DISCLAIMER INCLUDES BUT IS NOT LIMITED TO ANY AND ALL REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, RELIABILITY, SECURITY, AVAILABILITY, ACCURACY, QUALITY, APPROPRIATENESS, COMPLETENESS, NON-INFRINGEMENT, OR THAT THE SERVICES ARE ERROR OR DEFECT-FREE. BEFORE USING ANY PRODUCT, YOU SHOULD CONFIRM ANY INFORMATION OF IMPORTANCE TO YOU ON THE PRODUCT PACKAGING. WE ARE NOT RESPONSIBLE FOR, AND HEREBY DISCLAIM ANY LIABILITY WITH RESPECT TO, ALL USER CONTENT, ANY USER, AND ANY THIRD PARTY. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY INFORMATION YOU SUPPLY US. YOU AGREE THAT YOU USE THESE SERVICES AT YOUR SOLE RISK.

THESE SERVICES ARE MADE AVAILABLE TO USERS IN THE U.S., AND WE MAKE NO WARRANTY OR REPRESENTATION THAT ANY OF THE SERVICES ARE APPROPRIATE FOR USE IN OTHER LOCATIONS. NO PART OF THE SERVICES SHOULD BE CONSTRUED AS AN OFFER OR SOLICITATION BY OR TO ANYONE TO WHOM SUCH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE.

AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO OUR SERVICES, YOU AGREE THAT WE ARE NOT LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR ACTIONS OR NON-ACTIONS IN RELIANCE THEREUPON. YOU ALSO AGREE THAT OUR AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF AND ACCESS TO THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, INFRINGEMENT OR OTHER BASES FOR CLAIMS) IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASED FROM US IN THE APPLICABLE TRANSACTION, IF ANY. WE SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (“DAMAGES”), NOR SHALL WE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR SITES, RECORDS, PROGRAMS, SERVICES, OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THESE TERMS OR OUR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT BE APPLICABLE TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS, INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS AND AGENTS, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, FEES, FINES, AND COSTS, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, RESULTING FROM OR RELATING TO YOUR USE OF THE SERVICES OR VIOLATIONS OF THESE TERMS. WE RESERVE ALL OF OUR LEGAL RIGHTS.

SECTION 13 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 14 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@vivannourish.com.

SECTION 15 – COOKIE POLICY

We may utilize cookies to enable functionality on our site and improve the experience. By clicking/using our Website “Accept all cookies”, you agree to the storing of cookies on your device(s) to enhance site navigation, analyze site usage and experience, and assist in our marketing efforts.

Cookies are small data files placed on your computer or mobile device when you visit a website. Cookies serve different purposes, such as helping us understand how a site is being used, letting you navigate between pages efficiently, remembering your preferences, and generally improving your browsing experience.

Our Website may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them).

We may use two broad categories of cookies: (1) first-party cookies, served directly by us to your computer or mobile device, which we use to recognize your computer or mobile device when it revisits our Website; and (2) third-party cookies, which are served by service providers or business partners on our Website, and can be used by these parties to recognize your computer or mobile device when it visits other websites. Third-party cookies can be used for various purposes, including site analytics, advertising, and social media features.

In addition to cookies, our Website may use other technologies, such as Flash technology or pixel tags to collect information automatically.

Browser Web Storage

We may use browser web storage (including via HTML5), also known as locally stored objects (“LSOs”), for similar purposes as cookies. Browser web storage enables the storage of a larger amount of data than cookies. Your web browser may provide functionality to clear your browser web storage.

Flash Technology

We may use Flash cookies (which are also known as Flash Local Shared Objects (“Flash LSOs”) on our Website to collect and store information about your use of our Website. Unlike other cookies, Flash cookies cannot be removed or rejected via your browser settings. If you do not want Flash LSOs stored on your computer or mobile device, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions. Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including potentially Flash applications used in connection with our Website.

Web Beacons

We may also use web beacons (which are also known as pixel tags and clear GIFs) on our Website and in our HTML formatted emails to track the actions of users on our Website and interactions with our emails. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, pixel tags are embedded invisibly on webpages or within HTML formatted emails. Pixel tags are used to demonstrate that a webpage was accessed or that certain content was viewed, typically to measure the success of our marketing campaigns or engagement with our emails and to compile statistics about usage of the Website, so that we can manage our content more effectively.

You can control and manage cookies and similar tracking technologies in various ways. Please keep in mind that removing or blocking cookies and similar tracking technologies can negatively impact your user experience and parts of our Website may no longer be fully accessible. Your options for controlling what information cookies and similar tracking technologies collect about you include:

Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Website may not work properly. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org. If you do not accept our cookies, you may experience some inconvenience in your use of our Website. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Website.

Industry association opt-outs. You may opt out of receiving interest-based advertising on websites through members of the Network.

Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.

For more information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org. If you do not accept our cookies, you may experience some inconvenience in your use of our Website. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Website.

If you choose to opt-out of targeted advertisements, you will still see advertisements online, but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, and so you may still receive some cookies and tailored advertisements from companies that are not listed.

Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms linked above.

Changes

Information about the cookies we use may be updated from time to time, so please check back regularly for any changes.

Disclaimer: We are participants in various affiliate programs and may earn commissions on qualifying purchases. Products are sold and shipped by their original vendors.