Welcome to www.thevibrantmom.com ("Website"). This Website is owned and operated by Jennifer Fisher Naturopathic Doctor, PC. By visiting our Website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following User Agreement and conditions as stated in this policy (hereafter referred to as 'User Agreement').
This User Agreement is in effect as of June 14, 2018.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this Website after such modifications will constitute acknowledgment and agreement of the modified User Agreement.
This Website and its products are not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through this Website, including information that may be provided on the Website directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your physician or other healthcare professional (collectively, "Healthcare Professional") regarding any medical or health-related diagnosis or treatment options.
The information provided on this Website and other third-party sites, including information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. Again, it is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging.
You should not use the information or products on this Website for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always consult with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements.
You may return or exchange products within seven (7) days of the purchase. If you are unsatisfied with your purchase, please let us know and we will do our best to rectify the situation. All returns will be processed within thirty days (30) of receipt. Please email thevibrantmom@gmail.com to initiate the return process.
If your return is approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within thirty (30) days.
ALL CONTENT ON THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THE CONTENT OR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH OR LINKED FROM THE WEBSITE SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED.
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE WEBSITE, INCLUDING ANY FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, THE ADDITION OF FREE OR FEE-BASED SERVICES OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, OR PRODUCTS. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS WEBSITE SHALL ALSO BE SUBJECT TO THIS USER AGREEMENT.
In no case shall Clothes Should Fit, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation 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 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 Website or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website. You agree to promptly update billing and other information, including your email address and payment processing information, so that we can complete your transactions and contact you as needed.
All content and materials available on Website, including but not limited to text, graphics, website name, code, images, products and logos are the intellectual property of Website, and are protected by applicable copyright and trademark law. The Website as a whole is protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by us. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Website.
Except as expressly authorized by this User Agreement or on the Website, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the aforementioned copyright or trademark materials in any form or by any means, without the prior written authorization of us or the respective copyright/trademark owner. We authorize you to view and download these copyright and trademark materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original versions of said materials.
This Website is controlled by us from our offices in El Paso County, Colorado, and the statutes and laws of the State of Colorado shall be controlling, without regard to the conflicts of laws principles thereof.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts sitting in El Paso County. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Although this Website may be accessible worldwide, those who choose to access this Website from other locations do so on their own initiative and at their own risk. If you choose to access this Website from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited. Furthermore, not all products described in this Website are available to all persons in all states, countries, or other jurisdictions at all times. Certain restrictions, conditions and eligibility requirements apply. In addition, if you are a United States or foreign citizen physically located and/or living in the United States while viewing this Website, there may be certain additional restrictions, conditions and eligibility requirements that apply.
Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include, but are not limited to, strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the Website, late delivery or absence of delivery by suppliers or other third parties. In the case of a force majeure event, you are responsible for filing claims with the proper entities (for example: filing a claim with the package delivery service for damaged or lost shipments).
You agree to indemnify, defend and hold harmless us and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of this User Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of this User Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these User Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
Any controversy or claim arising out of, or relating to, this contract or the breach thereof, shall be settled by arbitration, in accordance with the laws of the State of California, then obtaining, of the American Arbitration Association, and judgment upon the award rendered may be entered in any Los Angeles County Court. Any award concurred in by a majority of the arbitrators or rendered by the sole arbitrator (as the case may be) shall be binding and conclusive on the parties; and a judgment thereon may be entered in the highest court of the forum having jurisdiction thereof.
The failure of us to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision. These User Agreement and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the User Agreement). Any ambiguities in the interpretation of this User Agreement shall not be construed against the drafting party.
If you have any questions or comments about these our User Agreement as outlined above, you can contact us at thevibrantmom@gmail.com.
We collect information about you directly from you and from third parties, as well as automatically through your use of our Site. You are not required to provide us with any personally identifiable information to access the Site. However, you are required if you will be making a purchase or would like to use certain features of the Site.
(a) Information We Collect Directly From You. Certain areas and features of our Site require purchase information. If you make a purchase, we collect your payment information, such as your credit or debit card information, your billing address and any other payment method information.
(b) Information We Collect Automatically. We automatically collect information about your use of our Site through cookies, web beacons, and other technologies. We combine this information with other information we collect about you. Please see the section "Cookies and Other Tracking Mechanisms" below for more information.
If accessing the mobile Site, we may also collect mobile device ID; device name and model; operating system type, name, and version; language information; with your permission, we will collect location information from your mobile device using GPS technology (or similar technology) to help you identify your assignment's address. You may turn off this feature through the location settings on your mobile device.
The information we collect is used for administering our business activities. No personally identifiable information is sold, gathered or used for any other purpose. We may additionally use the information to notify you about changes to our Site, new services, or special offers.
a. Communications. We may use your personal information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions in any mail we send (as further discussed in Section 11).
4. How We Share Your Information.
a. Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
b. In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
d. Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.
We will not sell, trade, or rent your personally identifiable information to others. However, we do provide some of our services through contractual arrangements made with affiliates, service providers, partners and other third parties ("Service Partners"). Our Service Partners include Ejunkie, Mail Chimp, and Stripe. If you purchase any goods, Ejunkie and Stripe will receive your personal payment information to process the order and send you the products. We use Mailchimp to provide our email notifications and marketing. We and our Service Partners may need to use some personal information in order to perform tasks between our respective sites, or to deliver services to you.
To protect your personal identifiable information, we take reasonable precautions and follow industry standard encryption of data to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your financial or any other personal information, the information is encrypted using industry standard protections in our database. No payment information is every stored in our database, as it is solely processed through third parties and is only temporarily stored during the processing of payment. All other information we collect may be stored in perpetuity through Mail Chimp's database, unless we receive a request by you to remove such information.
Although we have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, please be aware that despite our best efforts, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your phone, and computer.
If you choose to make a purchase, payments are exclusively processed through Stripe and Ejunkie. Please refer to the Ejunkie (https://www.e-junkie.com/wiki/privacy) and Stripe (https://stripe.com/us/privacy/) privacy policies for information regarding their own security protections and use of your personal information. No payment information is stored on our Site after your order has been processed.
Cookies. Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site, while others are used to enable a faster check out process or to allow us to track your activities at our Site. There are two types of cookies: session and persistent cookies.
a. Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.
b. Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity.
c. Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies will be able to browse certain areas of the Site, but some features may not function.
d. Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer's hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We and our third-party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
When you click on links on our Site, they may direct you away from our Site. We are not responsible for the privacy practices of other websites and encourage you to read their individual privacy policies. If you visit a third-party website from our Site, you do so at your own risk.
12. CAN SPAM Act and Opting Out of Emails.
We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your any purchases or requests you have made or received from us.
13. California Online Privacy Protection Act.
The Site is not intended for use by children under the age of 12. WE does not allow individuals under the age of 13 to sign up for the mailing list or make a purchase, nor do we knowingly collect or use any personal information from such children. If you are under the age of 13, do not submit any information to our Site. If we learn that we collected personal information from children under the age of 13, we will take steps to delete that information as soon as possible.
17. California Residents Privacy Rights.
If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to thevibrantmom@gmail.com.