Terms & Conditions

Overview

This website is operated by POM VIDA. Throughout the site, the terms “we,” “us,” and “our” refer to Pom Vida. Pom Vida offers this website, including all information, tools, services, and other content available on this site to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated in these Terms of Service (hereinafter, the “Terms”).

Please read these Terms carefully before accessing or using our website. You access to and use of the site or our services is conditioned upon your compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use our site or services.

By accessing or using any part of the site or our services, you agree to be bound by these Terms. If you do not agree to any or all of the terms and conditions set forth in these Terms, you do not have permission to access the site or use our services.

Any new features or tools which are added to the current site or our services shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, modify, or replace all or any part of these Terms by posting updates, modifications, and/or changes to our site. It is your responsibility to check this page periodically for any such changes or updates. Your continued use of or access to the website or our services following the posting of any changes, modifications, or updates constitutes your express acceptance thereof.

Section 1 - Online store terms

By agreeing to these Terms, you represent and warrant that you are at least the age of majority in your state or province of residence, or that you are 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 this site. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of our site or services, violate any applicable laws in your jurisdiction (including, but not limited to, copyright laws). You shall not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of these Terms will result in an immediate termination of our services.

Section 2 - General conditions

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 (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the site or our services, use of our services, or access to our services or any contact on the website through which the services are provided, without our prior written permission. The headings used in these Terms are included for convenience only and shall not limit or otherwise affect these Terms.

Section 3 - Accuracy, completeness and timeliness of information

We may, but have no obligation to, update our product and service offerings on the site, and may experience delays in updating information on the site or in our advertising on other websites. You agree that it is your responsibility to monitor changes to our site. 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. The information found on this site may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the site, and we cannot guarantee the accuracy or completeness of any information found on the site. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Section 4 - Modifications to the service and prices

Prices for our products and services are subject to change at any time without notice in our sole discretion. We reserve the right to modify or discontinue any products, services, or the site (or any part or content thereof) without prior 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 any of our products, services, or the site.

Section 5 - Products and services

Certain products or services may be available exclusively online through the site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy (Return and Exchanges).

We have made every effort to display as accurately as possible the colors and images of our products that appear at the online store. We cannot guarantee that your computer monitor's display of any color will be accurate. 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 in our sole discretion. 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 anytime without notice, at our sole discretion. We reserve the right to discontinue any product or service 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 services will be corrected.

Section 6 - Product information

The products displayed on the Sites can be ordered and delivered only within the U.S. and certain select countries. All prices displayed on this website are quoted in U.S. Dollars and are valid and effective only in the U.S. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Pom Vida.
All material and information presented by Pom Vida is intended to be used for personal, educational or informational purposes only. The statements made about products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through Pom Vida are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from Pom Vida it should be only after the legal or parental guardian has discussed the product with the minor's doctor.
All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Pom Vida does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Pom Vida does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
The products available on the Sites, including any samples Pom Vida may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Pom Vida. Pom Vida reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Pom Vida in its sole discretion.
Except where prohibited by law, Pom Vida may limit the number of products available for purchase.

Section 7 - Accuracy of billing and account information

We reserve the right to refuse or cancel any order you place with us in our sole discretion. 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.

If you wish to purchase any product or service made available through the site, you may be asked to supply certain information relevant to your purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and (ii) the information you supply is true, correct, and complete. The site may employ the use of third party services for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our online store. 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. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account. You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, the restriction of access to your computer or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our site or a third-party service provider. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account or billing information. You may not use the billing information or identity of anther person or entity without proper prior authorization. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion without notice.

Section 8 - Optional tools

We may provide you with access to third-party tools which we neither monitor nor have any control or input over. 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 such optional third-party tools. 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 such tools are provided by the relevant third-party provider(s). We may also, from time to time, 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.

Section 9 - Third-party links

Certain content, products, and services available via our site may include materials from or links to third party websites or services, which are not controlled or owned by us. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their 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. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party website or services. We do not warrant the offerings of any third party providers or their websites.

You acknowledge and agree that we shall not be liable, whether directly or indirectly, for any harm, loss, or damages caused or alleged to be caused by or in connection with your use or reliance on such content, goods, resources, transactions, or services available on or through any third-party websites. We strongly advise you to review carefully any third-party's policies, terms, conditions, and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party.

Section 10 - 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: (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violating any party’s intellectual property rights or these Terms. 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 site 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.

Section 11 - Personal information

Your submission of personal information through the online store is governed by our Privacy Policy. Please review our Privacy Policy for more detailed information.

Section 12 - Errors, inaccuracies and omissions

Occasionally there may be information on our site, products, or services that contains 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 on the site 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 on the site or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the site or on any related website, should be taken to indicate that all information on the site or on any related website has been modified or updated.

Section 13 - 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 harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) 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 site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the site or any related website for committing any of the prohibited uses.

Section 14 - Disclaimer of warranties; Limitation of liability

We do not guarantee, represent or warrant that your use of our site or services will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful content. We do not warrant that the results that may be obtained from the use of the site will be accurate or reliable. You agree that from time to time we may remove the site for indefinite periods of time or cancel the site at any time, without prior notice to you. You expressly agree that your use of, or inability to use, the site or our services is at your sole risk. The site and all products and services delivered to you through the site are (except as expressly stated otherwise) 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, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the site, any of our services or products procured using the site, or for any other claim related in any way to your use of the site or any product or services, 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 site or any content (or product) posted, transmitted, or otherwise made available via the site, 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.

Section 15 - Indemnification

You agree to indemnify, defend, and hold us harmless, as well as our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, or your wrongful conduct, or your use of the site.

Section 16 - Severability

In the event that any provision of these Terms 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, and any such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 17 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. We may terminate or suspend your account, your access to the site, our services, or these Terms at any time without prior notice or liability in our sole discretion for any reason whatsoever, including, but not limited to, your violation of any provision of these Terms. You may terminate these Terms at any time by discontinuing our services and ceasing to use our site. Notwithstanding any termination of these Terms, you will remain liable for all amounts due and outstanding up to and including the date of termination. All provisions of these Terms which by their nature are intended to survive the termination of these Terms shall survive the termination of these Terms, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Section 18 - No weiver; Entire Agreement; Ambiguities

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

Section 19 - Governing law; Jurisdiction; Attorney’s fees

These Terms and any separate agreements whereby we provide you our services or products shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of law principles. Any dispute arising from or under these Terms or your use of the site, our services, or products shall be submitted to the federal and states courts in Miami-Dade County, Florida, and you expressly agree that such courts shall have personal jurisdiction over you. The prevailing party in any dispute arising from or under these Terms or your use of the site, our services, or products shall be entitled to an award of its reasonable attorney’s fees and court costs against the non-prevailing party, from the inception of claim through and including all trial and appellate levels and collection of judgment proceedings.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND POM VIDA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Section 20 - Changes to the terms of service

You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, modify, or replace all or any part of these Terms by posting updates and changes to our site. It is your responsibility to check our site periodically for changes. Your continued use of or access to our site or our services following the posting of any changes to these Terms constitutes your express acceptance of those changes.

Section 21 - Contact information

Questions about these Terms should be sent to us at info@pomvida.com.