Terms of service
OVERVIEW
IMPORTANT - PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SERVICE ("TERMS" OR "AGREEMENT") BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR SERVICES. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY (SEE SECTIONS 20 AND 21) AND A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER (SEE SECTION 23). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Welcome to Voureva! The terms "we", "us" and "our" refer to Voureva. Voureva operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Voureva is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as health and medical disclaimers, assumption of risk, subscription and automatic renewal terms, warranty disclaimers, limitations of liability, and a mandatory arbitration provision and class action waiver that affect how disputes between you and us are resolved.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS (SEE SECTION 23) THAT WAIVE YOUR RIGHT TO A COURT HEARING, YOUR RIGHT TO A JURY TRIAL, AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED IN SECTION 23 OR IF YOU TIMELY OPT OUT. PLEASE REVIEW SECTION 23, WHICH DESCRIBES YOUR RIGHT TO OPT OUT.
By accessing, using, interacting with, or placing an order through our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service and our Privacy Policy in their entirety, you are not authorized to access or use the Services in any manner or form whatsoever. Your continued use of or access to the Services following the posting of any changes constitutes binding acceptance of those changes.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - MEDICAL DISCLAIMER
Our products are dietary supplements. They are not drugs, and they are not medical devices. They are not intended to diagnose, treat, cure, or prevent any disease or health condition. Statements regarding our products have not been evaluated by the U.S. Food and Drug Administration.
The content made available through the Services, including product descriptions, articles, testimonials, images, and any advertising or promotional material, is provided for general informational purposes only. It is not medical advice and is not a substitute for the advice of a physician, pharmacist, or other qualified healthcare provider. You should never disregard, avoid, or delay obtaining medical advice from a qualified healthcare provider because of something you have read on or through the Services.
Consult your physician or qualified healthcare provider before using any of our products, before starting, stopping, or changing any health, dietary, or supplement regimen, and especially before use if you are pregnant, nursing, trying to become pregnant, under the age of 18, have a diagnosed medical condition, or are taking any prescription or over-the-counter medication.
Certain of our products contain methylene blue. Methylene blue can interact with prescription medications, including selective serotonin reuptake inhibitors (SSRIs), serotonin-norepinephrine reuptake inhibitors (SNRIs), monoamine oxidase inhibitors (MAOIs), and other drugs that affect serotonin, and such interactions can be serious, including the risk of serotonin syndrome. If you take any such medication, do not use products containing methylene blue without first consulting your physician or pharmacist.
Individual results vary and are not guaranteed. Any results described or depicted through the Services are not a promise of, or a guarantee of, the results you will obtain. Discontinue use and seek medical attention promptly if you experience any adverse reaction. Keep all products out of the reach of children.
SECTION 3 - ASSUMPTION OF RISK
You acknowledge that the use of dietary supplements carries inherent risks, and that reactions to any ingredient can vary from person to person. You are solely responsible for reviewing the ingredients, labeling, and directions for any product before purchase and use, for determining whether a product is appropriate for you, and for checking with your physician or pharmacist regarding any potential interaction, allergy, sensitivity, or contraindication.
To the fullest extent permitted by applicable law, you voluntarily and knowingly assume all risks associated with the purchase and use of our products, and you agree that you do so at your own risk and discretion.
SECTION 4 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 5 - ORDERS AND PERSONAL USE
When you place an order, you are making an offer to purchase. Voureva reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Voureva confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Voureva may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that any products you purchase from Voureva will be used for your own personal or household use, and not for commercial resale, redistribution, or export. Resale of our products outside of authorized channels can cause a product to become materially different from the product we sell, which may affect its safety, efficacy, or our ability to honor any guarantee or warranty. We reserve the right to limit, refuse, or prohibit any order that, in our sole judgment, appears to be placed by dealers, resellers, or distributors.
SECTION 6 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. We and our third-party payment service providers may request and receive updated payment card information from your card issuer (such as an updated card number or expiration date). If such updated information is provided, we may update your account accordingly. If you wish to opt out of your card's updating service, contact your card issuer.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 7 - SUBSCRIPTIONS AND AUTOMATIC RENEWAL (VOUREVA VIP)
This Section applies if you enroll in any subscription, membership, auto-ship, free trial, or other recurring-billing offer we make available (the "Program"). Enrollment in, or continued use of, the Program constitutes your agreement to these Terms.
Overview of the Program. The Program is an optional, subscription-based offering (which may be branded as the "[VOUREVA VIP / PROGRAM NAME]") that may include recurring product shipments and/or member benefits such as member pricing, discounts, early access, or other perks, as described on the enrollment page and in your confirmation email. The exact benefits, eligibility, price, and product list may change over time as described below.
Free trial and automatic conversion. If you enroll in a free trial or introductory offer, you will receive the benefits described at checkout for the length of the trial period (for example, [TRIAL LENGTH, e.g., 21 days]). UNLESS YOU CANCEL BEFORE THE END OF THE TRIAL PERIOD, YOUR ENROLLMENT WILL AUTOMATICALLY CONVERT TO A PAID SUBSCRIPTION AT THE END OF THE TRIAL PERIOD, AND THE FEE DESCRIBED AT CHECKOUT (FOR EXAMPLE, [PRICE, e.g., $49.99] EVERY [BILLING PERIOD, e.g., 28 DAYS]) WILL BE CHARGED TO YOUR SELECTED PAYMENT METHOD ON A RECURRING BASIS UNTIL YOU CANCEL.
Recurring billing and authorization. By enrolling, you expressly authorize us (and our payment processors) to charge the fee shown at checkout, plus any applicable taxes, to the payment method you provide (i) at the end of any trial period, and (ii) on a recurring basis at the beginning of each subsequent billing period until you cancel. The amount and frequency of the recurring charges are disclosed to you at checkout and/or in your confirmation email and may change in accordance with these Terms.
How to cancel. You may cancel at any time, easily and without penalty, by any of the following methods: (i) through your online account or our cancellation page; (ii) by emailing us at hello@voureva.com; or (iii) by calling us at [PHONE] during our posted business hours. Your cancellation will take effect at the end of your then-current billing period. If you cancel during a trial period, you will not be charged. You will continue to have access to Program benefits until your cancellation becomes effective, and no further fees will be charged after that time.
Refunds of subscription fees. Except as required by applicable law or as we otherwise state in writing, subscription and membership fees are non-refundable once charged. Cancelling stops future recurring charges but does not by itself refund fees already charged. Refunds of individual product shipments are governed by our Refund Policy.
Duty to maintain accurate payment information. You agree to keep your payment method and contact information current and accurate. If we are unable to charge your payment method, we may suspend or cancel your enrollment and/or ask you to provide a new payment method.
Changes to fees and benefits. We may change the fee, billing period, or benefits from time to time. If we make a material change to the fee or billing period, we will provide advance notice (for example, by email, through your account, or on our Website), and the change will apply to the next billing period after the notice period. If you do not agree to the change, you should cancel before the change becomes effective.
Notice and pre-billing reminders. Where required by applicable law, we will send you a reminder before a trial period converts to a paid subscription and/or before a renewal, which may include the amount to be charged, the renewal date, and how to cancel. You are responsible for reviewing such notices and cancelling if you no longer wish to continue.
Termination by Voureva. We may suspend or terminate your enrollment at any time if we believe you are violating these Terms, abusing benefits, or engaging in fraudulent or unlawful activity, or if we discontinue the Program. If we terminate your enrollment for convenience (and not due to your breach), we will refund any prepaid, unused fees in accordance with applicable law.
SECTION 8 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
An accurate shipping address and contact information are required. We are not responsible for late, missing, or failed shipments caused by an incorrect or incomplete address you provide. Because many circumstances at your delivery address are beyond our control, you agree that any delivery confirmation provided by the carrier is sufficient proof of delivery, even without a signature. We are not responsible for the loss or theft of any package after the carrier has marked it as delivered; the responsibility for securing a delivered package rests solely with the recipient.
SECTION 9 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Voureva, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Voureva, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Voureva.
Voureva's names, logos, product and service names, designs, and slogans are trademarks of Voureva or its affiliates or licensors. You must not use such trademarks without the prior written permission of Voureva. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 10 - DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE
We respect the intellectual property rights of others and expect users of the Services to do the same. If you believe that any material on the Services infringes a copyright you own or control, you may send a written notice of claimed infringement to our designated agent at the address below.
Designated Copyright Agent:
Voureva
Attn: DMCA / Copyright Agent
[INSERT MAILING ADDRESS]
Email: hello@voureva.com
Your notice must include: (i) a description of the copyrighted work claimed to be infringed; (ii) a description of the material you claim is infringing and information reasonably sufficient to permit us to locate it; (iii) your contact information, including your address, telephone number, and email address; (iv) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; (v) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and (vi) your physical or electronic signature. If material is believed in good faith to infringe, we may remove or disable access to it and notify the posting party. Failure to include all required information may delay the processing of your notice.
SECTION 11 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the 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 may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 12 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on 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 and services should be directed to the third-party.
SECTION 13 - RELATIONSHIP WITH SHOPIFY
Voureva is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Voureva. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Voureva, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Voureva.
SECTION 14 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 15 - FEEDBACK, REVIEWS AND TESTIMONIALS
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, testimonials, photographs, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sub licensable, royalty-free, irrevocable and transferable license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use and advertising. We may, for example, use a testimonial or review, in whole or in part, together with the name of the person who submitted it, in any form of advertising or promotion relating to our products or services, in printed and online media, as we determine in our sole discretion.
Any testimonials, reviews, or results described or depicted through the Services reflect the individual experience of the person providing them, are not verified for accuracy by us, and do not represent the generally expected results or user experience. Individual results vary.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback is true and accurate and will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback 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 Feedback 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 Feedback 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 Services 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 Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate 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 or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 17 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Voureva, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) 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 Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 18 - AGENTS
18.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
18.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 18.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
18.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
18.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 19 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Medical Disclaimer, Assumption of Risk, Orders and Personal Use, Subscriptions and Automatic Renewal, Intellectual Property, DMCA Notice, Feedback, Reviews and Testimonials, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution; Arbitration; Class Action Waiver, Electronic Communications, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 20 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Voureva, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 21 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Voureva, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
IF, NOTWITHSTANDING THE FOREGOING, Voureva IS FOUND LIABLE UNDER ANY THEORY, YOUR SOLE AND EXCLUSIVE REMEDY AND Voureva'S TOTAL AGGREGATE LIABILITY WILL BE LIMITED TO USD $500.00. THIS LIMITATION APPLIES TO ALL CLAIMS, REGARDLESS OF WHETHER Voureva WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
SECTION 22 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Voureva, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 23 - DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL, AND REQUIRES YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION.
23.1 Informal Resolution First. Before commencing any arbitration or other proceeding, you and Voureva agree to first try to resolve the dispute informally. You must send a written notice describing the dispute and the relief you seek to hello@voureva.com. You and Voureva agree to negotiate in good faith for at least sixty (60) days after such notice. If the dispute is not resolved within that period, either party may proceed as set out below.
23.2 Agreement to Arbitrate. Except as expressly provided in Section 23.5, you and Voureva agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Services, Voureva's advertising or marketing practices, or any products purchased through the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved by final, binding, and confidential individual arbitration rather than in court. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.). The arbitrator shall have the exclusive and sole authority to determine whether any dispute or claim is arbitrable. The arbitrator shall follow the applicable substantive law of the State of [INSERT STATE] to the extent consistent with the FAA, and shall be authorized to award any remedy available in an individual action under applicable law, including, without limitation, compensatory, statutory, and punitive damages, declaratory, injunctive, and other equitable relief (including public injunctive relief), and attorneys' fees and costs where available.
23.3 Arbitration Procedure. The arbitration will be administered by [INSERT ARBITRATION ADMINISTRATOR, e.g., the American Arbitration Association ("AAA")] under its then-current [INSERT APPLICABLE RULES, e.g., Consumer Arbitration Rules], as modified by these Terms. The arbitration will be conducted before a single arbitrator. Unless you and Voureva agree otherwise, any arbitration hearing will take place in [INSERT COUNTY, STATE], or, at your election, by telephone, videoconference, or on the basis of written submissions. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
23.4 CLASS ACTION WAIVER. YOU AND Voureva AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. YOU AND Voureva ALSO WAIVE THE RIGHT TO A TRIAL BY JURY. If this class action waiver is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request for relief) will be severed and may be brought in a court of competent jurisdiction, but all other claims will remain subject to arbitration.
UNLESS YOU TIMELY OPT OUT AS PROVIDED IN SECTION 23.6, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A COURT OR JURY DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO ANY HEARING TO THE SAME EXTENT THAT YOU WOULD IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER PERSON. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
23.5 Exceptions. Nothing in this Section prevents either party from (i) bringing an individual claim in a small claims court for disputes within that court's jurisdiction, or (ii) seeking injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights.
23.6 Right to Opt Out. You may opt out of this Section 23 (the arbitration agreement and class action waiver) within thirty (30) days after you first agree to these Terms or first purchase a product or service through our Website, whichever is earlier, by sending written notice of your decision to opt out by mail to Voureva, Attn: Legal Department, [INSERT MAILING ADDRESS] (or by email to hello@voureva.com), stating your name, the product you purchased, the email address associated with your order or account, and your intent to opt out of arbitration. Opting out will not affect any other provision of these Terms. If you opt out, and to the extent this Section is otherwise found not to apply, any dispute will be resolved in the courts identified in the Governing Law section.
SECTION 24 - ELECTRONIC COMMUNICATIONS
You agree that we may communicate with you electronically, and that any notices, disclosures, agreements, order confirmations, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing and have the same force and effect as if they were in writing and signed by the party sending them. You consent to receive communications from us by email or by posting to our Website.
SECTION 25 - 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.
SECTION 26 - WAIVER; 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 governs 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.
SECTION 27 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 28 - 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 the State of [INSERT STATE], without regard to its conflict of laws principles. Subject to the Dispute Resolution; Arbitration; Class Action Waiver section above, any dispute not subject to arbitration shall be brought exclusively in the federal or state courts located in [INSERT COUNTY, STATE], and you and Voureva consent to venue and personal jurisdiction in such courts.
SECTION 29 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 30 - 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, in 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. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 31 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@voureva.com.
Our contact information is posted below:
hello@voureva.com