Terms of Service

OVERVIEW

This website is operated by Vigerly. Throughout the site, the terms “we,” “us,” and “our” refer to Vigerly. By providing access to this site, including all available information, tools, and services, Vigerly does so under the condition that users accept the terms, conditions, policies, and notices outlined here.

By visiting our site or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms or policies referenced herein or available via hyperlink. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and content contributors.

Please review these Terms carefully before accessing or using the website. Your continued access or use signifies agreement to these Terms. If you disagree with any part of these Terms, you may not use the site or its services.

We reserve the right to update, modify, or replace any part of these Terms by posting updates to our website. Your continued use of the site after such changes are posted constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., providing us with the e-commerce platform needed to sell our products and services effectively.

SECTION 1 - ONLINE STORE TERMS

By using our website and services, you confirm that you are at least the legal age of majority in your state or province of residence, or that you are of legal age and have granted consent for your minor dependents to use this site.

You agree not to use our products or services for any unlawful or unauthorized purpose, including violating any local laws in your jurisdiction (such as copyright or intellectual property laws).

It is strictly prohibited to transmit any harmful code, viruses, or malicious software through our platform.

Any violation of these terms may result in the immediate termination of your access to our services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone at our sole discretion, for any reason, at any time.

You acknowledge that your content (excluding credit card information) may be transmitted over various networks and may be subject to adjustments to meet the technical requirements of connecting systems or devices. Credit card information is always encrypted during transmission across networks for your security.

You agree not to replicate, duplicate, sell, resell, or exploit any part of the Service, the use of the Service, access to the Service, or any content on the website through which the Service is provided, without our express written consent.

The headings included in this agreement are provided for convenience only and will not affect the interpretation or scope of these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We do not guarantee that the information available on this website is accurate, complete, or up-to-date. The content provided on this site is for general informational purposes only and should not be relied upon as the sole basis for making decisions. We encourage you to consult more reliable, comprehensive, or timely sources before making any decisions based on the material found here. Any reliance on this site’s information is done at your own risk.

This website may include historical information, which is inherently outdated and provided for reference only. We reserve the right to modify or update the content of this website at any time, but we are not obligated to make updates. You agree that it is your responsibility to monitor any changes made to this site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

The prices of our products are subject to change at any time without prior notice.

We reserve the right to alter, update, or discontinue any aspect of the Service (or any part thereof) at our discretion, without notice, at any given time.

We shall not be held liable to you or any third-party for any modifications, price adjustments, suspensions, or terminations of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Some products or services may be available exclusively online via our website. These items may have limited stock and are subject to return or exchange based on our Return Policy.

We have made every effort to present the colors and images of our products as accurately as possible. However, we cannot guarantee that the colors displayed on your computer monitor will be accurate.

We reserve the right to limit the sale of our products or services to any individual, geographic area, or jurisdiction. This right may be exercised on a case-by-case basis. Additionally, we may limit the quantity of products or services we offer. All product descriptions and prices are subject to change without notice, at our sole discretion. We also reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited.

We do not guarantee that the quality of products, services, information, or other materials purchased will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel the quantities purchased per person, per household, or per order. These restrictions may include orders placed using the same customer account, credit card, and/or billing and/or shipping address. If we modify or cancel an order, we will attempt to notify you using the email address and/or billing address/phone number you provided during the order process. We also reserve the right to limit or prohibit orders that, in our judgment, appear to be made by dealers, resellers, or distributors.

By using our store, you agree to provide accurate, complete, and current information for all purchases and account updates. You agree to promptly update your account and other information, including your email address, credit card details, and expiration dates, to ensure we can complete transactions and contact you as needed.

For further details, please refer to our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools that we neither monitor nor have control over.

You acknowledge and agree that we provide access to these tools "as is" and "as available" without any warranties, representations, or conditions, and without any endorsement from us. We will not be held liable for any issues that arise from your use of these third-party tools.

Your use of any optional tools provided through the website is entirely at your own risk. We encourage you to review and understand the terms set by the relevant third-party providers before using these tools.

In the future, we may offer new services or features through the website, which may include new tools or resources. Any such features will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Our Service may include content, products, and services provided by third parties. These third-party links may direct you to websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content, accuracy, or legality of these third-party sites.

We do not guarantee or assume responsibility for the accuracy, quality, or reliability of any third-party materials, products, or services available through these links. Any transactions or interactions with third-party websites are solely between you and the third-party provider.

We are not liable for any damages or losses resulting from your purchase or use of third-party goods or services. We strongly encourage you to review and understand the policies and terms of third-party providers before engaging in any transactions. Any complaints or inquiries regarding third-party products should be directed to the respective provider.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

By submitting any content to us, such as creative ideas, suggestions, proposals, or feedback, either solicited or unsolicited, via email, website, or other communication channels, you grant us the unrestricted right to use, edit, copy, publish, distribute, and translate your submissions in any medium, without compensation to you. You understand that we are not obligated to keep these submissions confidential, respond to them, or pay for their use.

While we are not required to monitor the content you submit, we reserve the right to remove or edit comments that, in our discretion, are deemed unlawful, offensive, libelous, defamatory, or otherwise inappropriate, or that violate the intellectual property or rights of any party.

You affirm that your submissions will not infringe on the rights of third parties, including copyrights, trademarks, or privacy rights, and that they will not contain harmful, obscene, or illegal content. You agree that your comments will not contain any viruses or malware that could harm the website or its functionality. Misleading us about the origin of your comments, such as using false email addresses, is prohibited. You are solely responsible for the accuracy and content of your comments.

We do not assume responsibility or liability for comments made by you or any third party.

SECTION 10 - PERSONAL INFORMATION

The submission of your personal information through our store is governed by our Privacy Policy. To learn more about how we collect, use, and protect your personal information, please review our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

There may be occasional errors or inaccuracies on our site or within the Service, including but not limited to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct these errors, update information, or cancel orders if any data is found to be incorrect, at any time and without prior notice, including after an order has been placed.

We are not obligated to update or modify the information presented in the Service or on related websites, except where required by law. Any date applied for updates or refreshes on the site should not be seen as an indication that all information has been changed or updated.

SECTION 12 - PROHIBITED USES

Along with other prohibitions outlined in these Terms of Service, you may not use this site or its content for the following activities:

(a) Engaging in unlawful activities;
(b) Encouraging or participating in illegal actions;
(c) Violating any international, federal, state, or local laws, regulations, or ordinances;
(d) Infringing on our intellectual property or that of others;
(e) Harassing, abusing, insulting, or discriminating against others based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) Submitting false or misleading information;
(g) Uploading or transmitting harmful viruses or malicious code that could affect the functionality or operation of the site or any related websites, other sites, or the internet;
(h) Collecting or tracking personal information of others;
(i) Engaging in spamming, phishing, scamming, pretexting, web scraping, or crawling;
(j) Using the site for immoral or obscene purposes; or
(k) Interfering with or bypassing security features of the Service or any related websites or the internet.

We reserve the right to terminate your use of the Service or related websites if you violate any of these prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. Additionally, we do not guarantee that the results obtained from using the service will be accurate or reliable.

From time to time, we may need to remove or cancel the service, either temporarily or permanently, without notice.

You agree that using the service is at your own risk. The service and all products or services provided through it are offered "as is" and "as available" without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

In no event shall Vigerly, its affiliates, employees, contractors, agents, or licensors be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to loss of profits, revenue, data, or any other type of loss resulting from your use of the service or any products obtained through it, even if we were advised of the possibility of such damages. In jurisdictions where the exclusion of liability for incidental or consequential damages is not permitted, our liability will be limited to the fullest extent allowed by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Vigerly, its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claims or demands, including reasonable attorneys' fees, arising out of your breach of these Terms of Service, or any documents incorporated by reference, or your violation of any laws or third-party rights.

This section ensures that if any third party makes a claim against Vigerly as a result of your actions (e.g., misuse of the service or intellectual property violations), you are responsible for covering the legal costs and other damages.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will still be enforced to the maximum extent allowed by applicable law. The unenforceable part will be considered severed from these Terms, and it will not impact the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of both parties incurred before the termination date shall continue even after the termination of this agreement for all purposes.
These Terms of Service are effective unless terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our website.
If, in our sole judgment, you fail to comply with any term or provision of these Terms of Service, or if we suspect that you have not complied, we may terminate this agreement without notice. In such cases, you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of Vigerly to exercise or enforce any right or provision of these Terms of Service shall not be considered a waiver of such right or provision.
These Terms of Service, along with any policies or operating rules posted by us on this site or in relation to the Service, represent the entire agreement and understanding between you and Vigerly, and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Vigerly (including, but not limited to, any previous versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction in which Vigerly operates, and where applicable, the laws of the United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can always review the most up-to-date version of the Terms of Service on this page.
We reserve the right to update, modify, or replace any part of these Terms of Service at our discretion by posting the changes on our website. It is your responsibility to regularly check this page for updates. By continuing to access or use our website or the Services after the posting of any changes, you accept those changes.

SECTION 20 - CONTACT INFORMATION

If you have any questions regarding these Terms of Service, please feel free to contact us at support.vigerly@gmail.com