Terms and Conditions

Website and Purchase Policies

Terms of Service

Please read the following Terms of Service carefully before accessing or using our website.

This website is operated by Vitalized Body.  All of the information, tools, and services available from this site (“Company,” “we” or “us”) to you, the user, is conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following “Terms of Service”. These Terms of Service apply to all users of the site. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. You can review the most current version of the Terms of Service at any time on this page.  Your continued use of or access to the website after posting any changes constitutes acceptance of those changes.

Your submission of personal information through the site is governed by our Privacy Policy.

Questions about the Terms of Service should be sent to us at our contact form.

Medical Disclaimer and Liability Waiver

All readers/viewers of this content and purchases of products, services, and events provided by Vitalized Body and Jessica Lee Reader are advised to consult their doctors or qualified health professionals regarding specific health questions and before beginning any nutrition, supplement, exercise, or lifestyle program. Vitalized Body and Jessica Lee Reader do not take responsibility for possible health consequences of any person or persons reading or following the information, services, products, or events.  The information on this site, services, events, testing, supplements, and programs from Vitalized Body are not intended to replace or be medical advice or treatment from a personal physician. It offers general nutrition and lifestyle guidance. This content is strictly the opinion of Jessica Lee Reader and Vitalized Body and is for informational and educational purposes only.

By visiting Vitalized Body’s site and purchasing a service, product, or event you agree to accept and pay for certain health coaching, nutrition, and yoga services and events provided to you by Jessica Reader with Vitalized Body.  You understand that services may include, but will not necessarily be limited to instruction in the development of eating habits, physical exercises, sleep, rest, healthy home and workplace environment, and lifestyle changes. The services provided by Jessica Reader are at all times restricted to consultation on the subject of lifestyle and nutritional matters.

By joining a Vitalized Body Event, you acknowledge that you will be participating in indoor and/or outdoor activities at your own risk and that there may be potentially dangerous activities including but not limited to; walking, hiking, and yoga organized by Vitalized Body and Jessica Lee Reader. You understand that participants must be in good general health, free from cardiovascular and respiratory disease, and have good exercise tolerance and that you will get your physician’s approval before commencing such activities. The waiver of liability is an agreement that participation in services and attendance at these events are strictly voluntary and of your own choice and that you agree 100% accept personal responsibility for all and any foreseen and unforeseen events that may occur during, including to and from events and activities. Vitalized Body, Jessica Lee Reader, and the event participants take no responsibility for you and will not be held responsible for any injuries or accidents that may occur during events. You will respect your body’s limitations and will rest before continuing yoga practice, walking, or hiking. You further understand that during these events there may not be medical facilities or expertise necessary to deal with the injuries and damages to which you may be exposed. Vitalized Body and Jessica Lee Reader are not trained to respond during an emergency by providing first aid, CPR, or any rescue action. The events officially begin and end at the location(s) designated by the Vitalized Body. If you decide to leave early or go forward without her and not to complete the events as planned, you assume all risks inherent in my decision to leave and waive all liability against Vitalized Body arising from that decision.
To the fullest extent allowed by law, you agree to WAIVE, DISCHARGE CLAIMS, AND RELEASE FROM LIABILITY Vitalized Body and Jessica Lee Reader from any and all liability on account of, or in any way resulting from Injuries and Damages, even if caused by the negligence of Vitalized Body and Jessica Lee Reader in any way connected with products, services, and events. You further agree to HOLD HARMLESS Vitalized Body and Jessica Lee Reader from any claims, damages, injuries, or losses caused by your own negligence while a participant in products, services, or events. You understand and intend that this assumption of risk and release is binding and includes any minors accompanying you at the services or events. By joining the services or events, you freely and voluntarily assume all risks of such Injuries and Damages. You also understand at the events, you may be photographed. You agree to allow your photo or video to be used for any marketing purposes by Vitalized Body and Jessica Lee Reader and if you choose not to you will notify her prior to the event. 
 
By purchasing any service, product, or event from Vitalized Body you hereby certify that you have read this document; and, you understand its content. You are aware that this is a release of liability as well as a contract and you agree to it of your own free will. If you have questions please email jessica@vitalizedbody.com.

Refund and Cancellation Policy

We do not provide refunds for any of our services, products, and programs. Refunds will not be provided under any circumstances as the user gains full access to all content and downloads upon registration. All services are non-refundable and are to be paid upfront prior to services. This helps to keep you motivated and accountable to reach your goals. All sessions must be used within 21 days for a single nutrition or coaching session, 110 days for 3-month packages, and 45 days for 1-month packages from the initial purchase. Any unused nutrition or coaching sessions not used will be forfeited with no refund unless other arrangements have been made.

There is a 24-hour cancellation policy in place for paid services. Canceling an appointment within 24 hours will result in a full cancellation fee of the appointment – $50 for a 30-minute session or $100 for a 1-hour session or if it’s a package you can choose to lose out on a session of pre-paid appointment versus paying the cancellation fee. We will not move forward until the cancellation fee has been paid.

Cancellation policy for events –  Cancellations must be made 48 hours prior to the event for a full refund. If the weather is not cooperative, the event may be rescheduled or canceled. You will be notified by email of any changes the day before the event.

There is a $50 cancellation fee for all ALCAT tests shipped and canceled prior to processing within 30 days. The ALCAT test is non-refundable after it is shipped past the 30-day mark. You have 3 months to take the test after it is sent to you. Please let Jessica know if your kit has expired and she will send you a new one free of cost.

Online Site Terms

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. Our Website is not intended for children under 13 years of age. No one under the age of 13 may provide any information to or on the Website without verification of parental consent. If you purchase a product, service, or event for a child under 18 years of age you consent to the Terms and Conditions for them.

General Conditions and Copyright Information

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Accuracy and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information 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 timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference 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 it is your responsibility to monitor changes to our site. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Products or Services and Pricing

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

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 pertaining to our site. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

Third-Party Links

Certain content, products, and services available via our Service may include materials from third-parties websites that are not affiliated with us. 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. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 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 review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Vitalized Body is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites. We only recommend products that we believe in.

User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us 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 to maintain any comments in confidence or to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are 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 e-mail 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.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content for any unlawful purpose, to solicit others to perform or participate in any unlawful acts, to violate any international, federal, provincial or state regulations, rules, laws, or local ordinance, to infringe upon or violate our intellectual property rights or the intellectual property rights of others, to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, to submit false or misleading information, 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 of any related website, other websites, or the Internet, to collect or track the personal information of others, to spam, phish, pharm, pretext, spider, crawl, or scrape, for any obscene or immoral purpose, or 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 or any related website for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability

We do not 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 that may be 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.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall we 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 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 the 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.

Indemnification

You agree to indemnify, defend and hold harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service 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 these Terms of Service 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 Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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 Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Carolina.

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