Terms and Conditions
These terms and conditions are legally binding on you and contain an arbitration clause and class action waiver in section 23 that impact your rights about how to resolve disputes. Please read the whole document carefully, especially that clause and waiver, and be sure you understand all of it.
Effective: 7 August 2019
Vidya LLC of Colorado, USA (“Vidya” or “Company”) operates this website (the or this “Site”) including its online store. “We,” “us,” and “our” refer to Vidya. Everything on this website, without exception, is offered for your use but if and only if you accept these terms and conditions (“these Terms”) without exception. “You,” and “your” here refers to anyone using the website for any reason. If you don’t understand some aspect or aspects of these Terms, consult an attorney. If you don’t agree to some aspect or aspects of these Terms, don’t use the website: in that case our offer to you is revoked, with respect to use of the site, any services within the site, and all products sold on the site. By your use of our website, with or without buying anything from it, you accept and demonstrate your acceptance of these terms. These terms include and incorporate as though fully set forth in the text of this document any additional terms referenced in this document by hyperlink. If any such link is dead, please notify us immediately.
By using the site in any way you represent and warrant that you are of legal age to form a contract with us, that you intended to do so, that you read and understand these terms of service, and that have the authority to enter into this contract with us, either on your own behalf or on that of whoever you represent as the user and/or buyer. You also represent and warrant as a condition of your use of our site and purchase of our products and services that any information you provide to us is accurate. If we have reason to believe in our discretion that any information you provided is not correct we reserve the right to refuse you access to this site or any of its resources, to terminate or suspend your access at any time, all without prior notice. We reserve the right to delete any comments or reviews you have posted regardless of the accuracy of their content or attribution.
Note that these terms contain dispute resolution provisions applicable in some cases even to disputes that arise prior to the effective date at the top if this document. See below. You agree to these provisions if you use the site.
These terms are subject to revision by us in our sole discretion at any time. We will publish the revised terms on the website on or before their effective date.
You agree not to make any effort to damage the operation of this site, whether by distributed denial of service attacks, viruses, or any other means.
You agree not to obtain services or products that are illegal in the jurisdiction in which you are, or in which they are delivered, and you further agree not to procure them for persons for whom their enjoyment or possession would be illegal.
You agree not to copy, sell or otherwise exploit any portion of the website or information or products provided in or sold through the website without express written permission from us. (It’s already illegal to use our intellectual property without our consent.)
- Returns Policy
Our return policy is posted here, and incorporated into these Terms as though fully written down in this document.
- License to Access and Use the Site
Subject to your compliance with these Terms, We grant you a limited license to access and make personal, non-commercial use of this Site. Your license is not exclusive, and you may neither transfer it to anybody else nor grant sublicenses under it. Limitations on your license include that you may not: (a) resell or use this Site or its content for commercial purposes: (b) collect or use of any product listings or descriptions; (c) make any derivative use of this Site and its contents; or (d) use any data mining, robots, or similar data gathering and extraction methods on this Site. You may not use, frame or utilize framing techniques to enclose any of Our trademarks, logos, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing Our name, trademarks, or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission.
The Site and its content are subject to copyright and where indicated trademark protection. Subject to these Terms we grant you a limited license to reproduce portions of Company Properties for the sole purpose of using the Site, e.g. in recognition of the fact that your browser will save copies of portions of the Site in the cache.
- Account & Credentials
To gain access to some features of this Site, you may be required to register and We may assign to you, or you may be required to select, a password and user name or account identification. If you register, you agree to provide Us with accurate and complete registration information, and to timely inform us of any updates or other changes to such information. You represent that you are at least eighteen (1B) years old and old enough to form a binding contract in the jurisdiction where you are. You are responsible for activity on the site under your Account including unauthorized activities, and you agree to prevent minors or others from using your account. You do not, however, have any property interest in your account, which we own for our benefit.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited and may be prosecuted to the full extent of the law.
- Purchase Process, Shipping, and Returns
You agree that all of your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
The risk of loss and title for items purchased by you on this Site pass to you upon our delivery of the items to the carrier pursuant to a shipment contract.
When We ship to you or per your directions to another person, you agree to pay the shipping and any handling charges shown on this Site, if any, when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping or handling charges may or may not reflect actual costs.
All returns are governed by our Shipping and Return Policy, which can be found here
We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
All items are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.
You are responsible for any takes owed on your purchases. We will endeavor to calculate and collect them correctly and in good faith, but if somehow taxes are not properly collected and paid, you will be responsible for the payment to the pertinent tax authority of those taxes and any related penalties or interest, and you will indemnify Company for any liability or expense we may incur in connection with them. In the event you do pay taxes directly for purchases from the Site, you agree to provide us upon our Our request with documentation of that payment. Taxes here means sales tax and any other tax or fee that functions like a sales tax and that We are permitted to pass through to Our customers.
- Additional Prohibited Uses.
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to submit false or misleading information; f) 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; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) 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.
- User Content
This Site may include features and functionality (Interactive Features”) that allows users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics (“User Content”), such as testimonials and product ratings. User Content may be viewable by other users of the site and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of Interactive Features, and that your use any Interactive Features at your own risk.
By using any Interactive Features, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
- User Content that displays, describes or encourages usage of any product We sell in a manner that could be offensive, inappropriate or harmful to Us or any user or consumer;
- User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual’s consent;
- User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and
- Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.
- Rights in User Content
Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, We claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this Site the right to access your User Content in connection with their use of this Site.
By posting User Content to this Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.
Separate and apart from User Content, you may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and our products or services (collectively “Feedback”). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- Ownership of Content
With the exception of User Content, discussed above, all content of the Site is owned either by US or by the party that provided that content to us, each respectively retaining all right, title, and interest in it. Except for your own fair, personal use, such as storage in an internet cache, neither you nor your agent(s) is authorized to copy distribute, republish, display or transmit any such content unless you obtain our written consent first. You are never authorized to remove or alter any proprietary notice or legend, by way of example and not limitation trademark and copyright symbols.
This Site may contain links to other sites on the internet which are not maintained by, or related to, Us. You acknowledge that We are not responsible for the operation of or content located on or through any such site. Use such links at your own risk. We make no representations or warranties about any of the linked content, and placement of any link on Our Site does not necessarily imply that we endorse that site or otherwise vouch for it in any way.
You may terminate the Terms at any time by discontinuing your use of this Site, closing your account, if any, and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.
- Health and Medical
No statement on the Site, in any materials published by and included with any product obtained from the Site, or on any of the packaging of those products has been evaluated by the US federal Food and Drug Administration (“FDA”). Our products and their ingredients are not intended to diagnose, treat, cure or prevent any disease. The content of the Site, except for User Content the intent of which we do not control, is intended for educational purposes only and should not be used to diagnose or treat any health problems without consulting a medical professional knowledgeable in the relevant medical field. Consult medical professionals for medical advice or treatment. If you are pregnant, nursing, taking medication, or have a medical condition, consult a medical knowledgeable professional before using any of our products.
You have sole responsibility to ensure you, or anyone exposed to our products through you, are not allergic to our products or any of their ingredients. We will not be held liable for any expenses or damages incurred as a result of any such allergy, sensitivity, or reaction.
Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site are provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We do not represent or warrant that this Site is accurate, complete, reliable, current or error-free. We do not represent or warrant that this Site or our servers or anything you may be able to download from our Site are free of viruses or other harmful components. We assume no liability for your use of the Internet. The content of the Site may not be complete or fully updated and should not be used in lieu of any other written materials we have provided. Investors should not rely on Site content.
By way of clarification and not limitation of the above: we make no express or implied warranty that the Site, or any products, services, or information obtained from or through the Site, will meet any particular need; while we will make commercially reasonable efforts, you should not rely on them and we do not warranty the Site will be uninterrupted, 100% secure, or free from errors or omissions, that defects will be corrected, or that content on the Site will be accurate and complete; you assume all risk of loss arising from your use of Site content.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (“Our Related Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your access to and use or misuse of this Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another including violation of laws including regulations and any other rules carrying the force of law. You agree to promptly notify Us of any third party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree that the We shall have the right to control of the defense or settlement of any third party Claims.
- Remedies and Limitation of Liability
Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service under Our applicable returns and exchanges policies. IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES’ AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES’ GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, OR MALICIOUS MISCONDUCT.
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
Except for disputes that qualify for small claims court, any dispute or claim arising from or related to your use of the Site or to any products or services sold through the site will be resolved through binding arbitration in or near Denver, Colorado rather than in court. The US Federal Arbitration Act and federal arbitration law apply. In arbitration, there is no judge or jury, instead the parties (You and Us, e.g.) pay for a neutral arbitrator to hear the dispute, who must follow these Terms and a court would, and award the same relief as a court could under these Terms, including injunctions and damages. You acknowledge and agree that you and we are knowingly waiving the right to trial by a jury. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You agree that any arbitration under these Terms will occur on an individual basis. Class arbitrations and class actions are not permitted. You acknowledge and agree that you are knowingly agreeing to give up the ability to participate in a class action with respect to products or services obtained through the Site and the content of the Site.
The arbitration will be conducted by the Judicial Arbiter Group, Inc. (“JAG”) under the under the American Arbitration Association’s Consumer Arbitration Rules Amended and Effective September 1,2014, available online at www.adr.org/consumer, as amended by these Terms. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAG or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
OPT-OUT. YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY MAILING US AN “OPT-OUT NOTICE” TO THE ADDRESS AT THE END OF THESE TERMS, WITH “ATTN: OPT-OUT NOTICE” WRITTEN CONSIPUCUOUSLY ON THE FACE OF THE ENVELOPE. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU FIRST USED THE WEBSITE OR ORDERED PRODUCTS OR SERVICES FROM IT, WHICHEVER IS LATER. In order to opt-out, your request must include with your request an unaltered digital image of a valid driver’s license or other official state or federal identification bearing your name, which must match the name on your account, and your address, and a photograph of your face. If you opt out of the agreement to arbitrate, all other parts of the agreement and its Disputes Section will continue to apply to you.
If you opt out, or if this arbitration provision is found unenforceable with respect to your claim(s) for any reason, you agree that any dispute under these Terms will take place exclusively in an appropriate Court located in Jefferson County, Colorado or in the federal district court for the District of Colorado in Denver, Colorado.
To initiate arbitration of any dispute, you must send a letter to us at the address at the end of these Terms, with the additional line “ATTN: ARBITRATION CLAIMS. In your letter, describe your claim.
- Electronic Communications.
When you use this Site, or send emails to Us, or correspond with us via text messages on a mobile device, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing, notwithstanding any requirement to communicate with us by other means.
- Legal Miscellaneous
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party. Failure to seek or insist on strict compliance with any aspect of these Terms will not operate as a waiver of any subsequent default or failure of performance. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Us in any respect whatsoever. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. Except where governed by federal law, these Terms are to be governed and construed pursuant to the laws of the state of Colorado, USA, notwithstanding any principles of conflicts of law. If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision. These Terms and incorporated policies comprise the entire agreement among the parties with respect to the subject matter thereof. You agree that we can and will revise these Terms from time to time by updating this posting, with or without email notice to you.
- How To Contact Us
If you have questions or concerns about these Terms of Service, the practices of this site, or if you are interested in reprinting any of the Content of this site, please contact us at:
1532 N. Emerson St. #99
Denver, Colorado 80218