1. Introduction

Welcome to Her Vitality! These Terms of Service govern your use of our website located at hervitality.co and any related services provided by us.

By accessing or using our website, you agree to comply with these Terms of Service and our Privacy Policy. If you do not agree with these Terms of Service, please do not access or use our website.

2. Intellectual Property Rights

Our website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Her Vitality, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

3. Prohibited Activities

You may not access or use our website for any purpose other than that for which we make our website available. As a user of our website, you agree not to:

• Use our website in any way that violates any applicable federal, state, local, or international law or regulation.
• Use our website to engage in any advertising or marketing.
• Use our website to impersonate or attempt to impersonate Her Vitality, a Her Vitality employee, another user, or any other person or entity.
• Use our website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the website.
• Use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website.

4. Limitation of Liability

In no event shall Her Vitality, nor any of its officers, directors, employees, or agents, be liable to you for anything arising out of or in any way connected with your use of this website, whether such liability is under contract, tort, or otherwise.

5. Indemnification

You hereby indemnify to the fullest extent Her Vitality from and against any and all liabilities, costs, demands, causes of action, damages, and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

6. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

7. Variation of Terms

Her Vitality is permitted to revise these Terms at any time as it sees fit, and by using this website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this website.

8. Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of Ohio, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Ohio for the resolution of any disputes.

9. Contact Us

If you have any questions about these Terms, please contact us at hello@hervitality.co.

Mobile Terms of Service

Her Vitality

Last updated: April 16, 2024

The Her Vitality mobile message service (the "Service") is operated by Her Vitality (“Her Vitality”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Her Vitality’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Her Vitality through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Her Vitality. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to HerVitality or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Her Vitality mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to HerVitality or email hello@hervitality.co.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/7fa648/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/7fa648/privacy_policy).