Terms of Service

Introduction

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.

Responsible Use and Conduct

By visiting our Website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Use of Website

a. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

b. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

c. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

d. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

Not Healthcare Advice

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.

 

Return Policy

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.

If you want to edit or change your order, simply email us your desired changes. However, if the order has already been processed, we will not be able to make any modifications to the order and the normal return policy applies.

Please make sure that you have carefully reviewed your order prior to finalizing your purchase.

 

Disclaimer of Warranties; Limitation of Liability

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.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

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.

Accuracy of Billing and Account Information

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. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

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.

Copyrights/Trademarks

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.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law and Jurisdiction

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.

International and Domestic Use

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.

Force Majeure

In case of force majeure, we are not obliged to fulfil our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate the agreement.

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).

Indemnification

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.

Severability

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.

Arbitration

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.

Entire Agreement and Waiver

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.

Contact Information

If you have any questions or comments about these our User Agreement as outlined above, you can contact us at thevibrantmom@gmail.com.

Privacy Policy

1. Our Commitment to Privacy.

This notice describes our Privacy Policy. Our Privacy Policy explains how we collect, use, and protect the personal information obtained through the use of our website www.thevibrantmom.com (“Site”). By accessing or using the Site you are accepting the practices described in this Privacy Policy. Your use of our Site and any dispute over privacy, is subject to this Privacy Policy and our User Agreement, including its applicable limitations on damages and the resolution of disputes. Our User Agreement is incorporated by reference into this Privacy Policy.

2. What Information is Collected.
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.

Site:

  • domain name;
  • your browser type and operating system;
  • web pages you view; links you click; your IP address;
  • the length of time you visit and use our Site;
  • the referring URL, or the webpage that led you to our Site;
  • your physical location by using satellite or internet signals
  • 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.

(c) We do not collect any types of Sensitive Data from our users. Sensitive Data includes any PII pertaining to: race or ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships, genetic or biometric data, health or mortality, and sex life or sexual orientation. Please immediately notify us if you have accidentally submitted any Sensitive Data and we shall promptly remove such information


3. How and When the Information is Used.

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.

We may share your information, including personal information, as follows:

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.

c.     To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Privacy Policy, or as evidence in litigation in which we are involved.

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.

 

5.  Release of Information.

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.

 

6.  How We Protect Your Information.

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.

Although we describe much of the following processes throughout this Privacy Policy, please do not hesitate to email us at thevibrantmom@gmail.com to receive the following information:

What personal information pertaining to you is being processed
Why this information is being processed
Who has access to this personal information about you
How this personal information is being used in automated decisions
What processes are using this information

 

7. Payment.

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.

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. Once you leave our Site or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our User Agreement. 
 

8. Our Use of Cookies and other Tracking Mechanisms.

We use cookies and other tracking mechanisms to track information about your use of our Site. We may combine this information with other personal information we collect from you.

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.


9. International Data Transfer.

We are a United States company. If you are located outside the United States and choose to provide information to us, we transfer to and store personal information in the United States for processing. The U.S. may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to the U.S., we will protect it as described in this Privacy Policy. By visiting the Site, or providing us with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information in the United States.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features in an effort to prevent loss, theft and unauthorized access, use and disclosure.

 

10. Third Party Analytics.

In the future, we may use Google Analytics to evaluate usage of our Site. We also may use other analytic means to evaluate our Site. We use these tools to help us improve our Site, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your personal information with these third parties.


11. Third-Party Links.
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.

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions.
  • Process orders and to send information and updates pertaining to orders
  • We may also send you additional information related to your product and/or service.
  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred

To be in accordance with CANSPAM we agree to the following:

  • NOT use false, or misleading subjects or email addresses
  • Identify the message as an advertisement in some reasonable way
  • Include the physical address of our business or site headquarters
  • Monitor third party email marketing services for compliance, if one is used.
  • Honor opt-out/unsubscribe requests quickly
  • Allow users to unsubscribe by using the link at the bottom of each email

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.

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA we agree to the following:
Users can visit our site anonymously
Once this privacy policy is created, we will add a link to it on our home page, or as a minimum on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’, and can be easily be found on the page specified above.

Users will be notified of any privacy policy changes:
– On our Privacy Policy Page
Users are able to change their personal information:
– By emailing us

 

14. Children.

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.


15. Changes to Privacy Policy. If our Privacy Policy or procedures change, we will immediately post those changes on our Site. You can access our most recent Privacy Policy. Any such changes will be effective immediately upon being posted, unless otherwise stated in the change.

 

16. Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify the users via email
– Within 1 business day
We will notify the users via in site notification
– Within 1 business day

We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

 

17. California Residents Privacy Rights.

Pursuant to California Civil Code Section 1798.83, California residents who provide us with personal information in obtaining services for personal, family, or household use are entitled to request and obtain from us, one time per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. Alternatively, the law provides that a company may comply, as we do, by disclosing in its privacy policy that it provides consumers choice (opt-in or opt-out) regarding sharing personal information with third parties for those third parties’ direct marketing purposes, and information on how to exercise that choice. As stated above in this Privacy Policy, we provide you choice prior to sharing your personal information with third parties for their direct marketing purposes. If you do not opt-in or if you choose to opt-out at the time we offer that choice, we do not share your information with that identified third party for its direct marketing purposes.

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.

 

18. Effective Date. This Privacy Policy is effective as of July 12, 2018.