TERMS AND CONDITIONS OF USE

Welcome to www.vimergy.com (the "Website"), operated by Vimergy ® LLC, a Florida limited liability company (“Vimergy”, "we", "our", or "us"). The Website is for your personal use and information and enables visitors ("Visitors") who are at least eighteen (18) years of age to make purchases. These Terms and Conditions of Use (the "Agreement") set forth the terms and conditions which govern your use of the Website.

Please read this Agreement carefully before accessing the Website. By accessing the Website, Visitors agree to be bound by the terms and conditions set forth in this Agreement. If Visitors do not wish to be bound by this Agreement, they are not authorized to use this Website. Vimergy reserves the right to modify this Agreement at any time, and you agree to review the Agreement periodically to be aware of such modifications. Your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement.

You acknowledge and agree that you will consult with your physician if you have any questions or wish to seek advice regarding a medical condition, your diet, nutritional supplements, an exercise regimen or any other matter related to your health or general well-being. You bear sole responsibility for your own health and diet research and decisions.

1. THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE.

Any information on this Website is provided for educational purposes only and is not intended as a substitute for the advice provided by your physician, healthcare practitioner or other professional (collectively, “Healthcare Practitioner”). You should not use the information on this Website for diagnosing or treating a health problem or disease or prescribing any medication or other treatment. You should always speak with your Healthcare Practitioner before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. If you have or suspect that you may have a medical problem, promptly contact your Healthcare Practitioner.

Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this Website. Information provided on this Website and the use of any products or services purchased by you from the Website DOES NOT create a doctor-patient relationship between you and any of the professionals, to include Healthcare Practitioners, affiliated with our Website.

Information and statements regarding dietary supplements available on this Website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

2. INTENDED AUDIENCE FOR WEBSITE.

This Website is controlled and operated by Vimergy in the United States and is intended for individuals 18 years of age and older. Vimergy makes no representations that the Website or Website Content, as defined in Section 3, is available for use in jurisdictions outside the United States, or that the Website or Website Content complies with germane laws outside of the United States. If you are located outside of the United States and choose to access the Website, you are solely responsible for compliance with local laws.

Vimergy reserves the exclusive and sole right to limit, restrict, suspend, terminate or block your use of this Website, and/or refuse service at any time.

3. WEBSITE CONTENTS, INTELLECTUAL PROPERTY AND USE OF MATERIALS.

3.1 The Website design and copy, images, graphics, logos, materials, and contents contained on the Website (“Website Content”), and the software, code, systems and other proprietary digital methods (“Digital Systems”) constitute the exclusive property and Intellectual Property of Vimergy. The Website Content and Digital Systems are protected by copyright, trademark, trade dress, patents, and other proprietary rights, and such proprietary rights are wholly owned and controlled by Vimergy, or other third parties that have licensed their rights in the Website Content or Digital Systems to Vimergy.

You are granted a limited, nonexclusive right to use the Website Content to view, print or download a single copy of the Website Content for your personal, non-commercial use. You are not authorized to distribute, sell, modify, publish, disseminate, broadcast, exploit, harm, or prepare derivative works from the Website Content or Digital Systems, or link to the Website from another location without the express written permission by Vimergy. You may only use the Digital Systems in connection with this Website and any product or related service on the Website that is under the direct control of Vimergy.

The use of the Website Content and related services, Intellectual Property, and the Digital Systems, must be in accordance with this Agreement. You are expressly prohibited from use of the Website Content or Digital Systems for any unlawful purpose. All rights not expressly granted are reserved by Vimergy.

3.2 If provided on the Website, you may post ideas, questions, reviews, comments, and other submissions (“Submissions”) so long as the Submissions do not violate the rights of any third-party, or contain any illegal, obscene, libelous, abusive, threatening, infringing, defamatory, vulgar, or otherwise offensive or unlawful material, or consist or contain any software viruses or any form of spam as that term is commonly used. Submissions are not confidential and will become the property of Vimergy without limitation. Vimergy will have unrestricted use of the Submissions for any purpose without compensation to you.

Vimergy reserves the right, but not the obligation, to monitor, remove or edit Submissions.

4. OPTION TO CREATE A PERSONAL ACCOUNT.

For your convenience you may create an account on this Website (an “Account”). To protect your Account, you should choose a unique username and password that is not a name, birthday, street address, or other personal commonly known information associated with you. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your Account or password. You also agree to provide us with accurate, complete and current information, and to update information provided to us if and when such information should change. We reserve the right to cancel your Account for any reason at any time, in our sole discretion.

By creating an Account with us or by sending e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on this website. You consent to receive communications from us electronically. Further, you agree that all communications, including but not limited to agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing. For SMS Terms of Service, see here.

5. TERMS OF PURCHASE.

Please see Vimergy’s Terms of Purchase for information on the purchase of product offered through the Website.

6. DISCLAIMER OF WARRANTIES.

6.1 Vimergy makes no guaranty of continuous, uninterrupted or secure access to the Website. Operation of the Website may be interfered with by numerous factors outside of the control of Vimergy. The Website is provided as-is.

Vimergy is not responsible for the availability or content of other service providers that may be linked or associated with the Website. Nor does Vimergy make any representations or endorse the accuracy and reliability of any material or content displayed or made available via links or otherwise on the Website. Vimergy engages in reasonable measures to protect the Website from untoward interruptions and viruses; however, Vimergy does not warrant that the Website or content are free from these types of disruptive features.

6.2 Visitors acknowledge and agree that their use of any product purchased through this website is at their sole risk. Vimergy expressly disclaims and has no responsibility for how you use the products provided through the website, and makes no promises, guarantees, predictions of success or any claims to special experience, insight, or expertise in providing the Website. No information obtained from Vimergy, whether provided orally or in writing, shall create any express or implied warranty. Specifically, and to the fullest extent permissible by law, Vimergy disclaims any implied warranties of merchantability and fitness for any particular purpose of the use of this Website or the products that are available on this Website.

6.3 If applicable law where you reside does not allow the above disclaimers, limitations or exclusion of certain warranties, these provisions may not apply to you.

7. INDEMNITY.

You agree to indemnify and hold harmless Vimergy from and against any and all claims, damages, liabilities, injuries, losses or expenses, including attorneys' fees and expenses of counsel and the collection thereof, that may be incurred by or asserted or awarded against Vimergy, arising out of or in connection with or by reason of, or in connection with the preparation for a defense of, any investigation, litigation or proceeding arising out of, related to or in connection with your use of our Website, your connection to our Website, your breach of this Agreement, or your violation of any law or the rights of a third party.

8. USE OF THIRD-PARTY WEBSITES AND ENGAGEMENT WITH THIRD- PARTIES.

8.1 This Website may contain links to third-party websites or other services, which are not within Vimergy’s control, and therefore, Vimergy is not responsible for the content on such third-party websites or services, or how the third-party websites and other services treat your information. The links are provided as a convenience for you, and the inclusion of or reference to such a link is not an expression of or endorsement by Vimergy of the content, statements or services provided in the links. Your use of third- party websites or services is at your own risk, and subject to their respective terms and conditions of use and privacy policies.

8.2 Your participation, correspondence or business dealings with any third-party found on or through the Website, regarding payment and delivery of specific goods, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third-party. You agree that Vimergy shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

9. PRIVACY POLICY.

Vimergy views the protection of your privacy as a very important responsibility. The terms regulating the handling of personally identifiable information and other information provided by you in connection with the Website is described in our Privacy Policy. SMS Privacy Policy is located here.

10. CONCERN OF COPYRIGHT INFRINGEMENT

If you believe this Website contains material or content that you or another party authored and such use may constitute copyright infringement, as provided by the Digital Millennium Copyright Act of 1998 (DMCA), please notify Vimergy via:

Email: help@vimergy.com

U.S. Post: Vimergy LLC, 10950 San Jose Blvd #288, Jacksonville FL 32223.

The notification should include,

• The signature of the copyright owner or an authorized agent;
• An identification and description of the copyrighted work claimed to have been infringed;
• An identification of the infringing material, and information to locate the infringing material;
• Contact information of copyright owner or authorized agent;
• A statement by you that you have a good faith belief that the noted use of the material is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under the penalty of perjury, that the information in the notification is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

11. PRODUCT DESCRIPTIONS.

Vimergy attempts to be as accurate as possible. However, Vimergy does not warrant that the product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. The appropriateness of use of a given product may vary depending on circumstances. Product information may and is subject to change. If you believe a product offered through the Website does not meet the product description, your sole remedy is to return the product in its unused condition.

12. NO AGENCY WITH VIMERGY.

An agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is not intended nor created between you and Vimergy under this Agreement.

13. NOTICES.

Except as provided in the following sentence, all notices hereunder shall be given by certified mail, postage prepaid and return receipt requested to: Vimergy LLC, 10950 San Jose Blvd #288, Jacksonville FL 32223, and to a Visitor at the address listed in such Visitor’s Account.

14. GOVERNING LAW.

You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Florida, excluding conflicts of law provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of Florida.

You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly and irrevocably waive any claim of improper venue and any claim that such courts are an inconvenient forum. You agree, to the fullest extent permitted by law, that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or this Agreement, must be filed within one year after such claim or cause of action arose or be forever barred.

15. DISPUTE RESOLUTION.

All disputes or claims relating to the use of the Website or related matter herein, will be resolved by binding arbitration, rather than in court. This requires the use of arbitration on an individual basis rather than a jury trial or other legal proceeding. You expressly, and irrevocably, waive any right to a jury trial or class action of any kind, as the plaintiff or class member. This provision shall survive the termination of this Agreement.

16. GENERAL PROVISIONS.

16.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the validity of the remaining provisions shall not be affected.

16.2 You agree that this Agreement may be automatically assigned by Vimergy, in its sole discretion, to a third party.

16.3 Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such Section.

16.4 Vimergy’s failure to act with respect to a breach by you or others does not waive Vimergy’s right to act with respect to subsequent or similar breaches. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.

16.5 This Agreement constitutes the entire agreement between you and Vimergy relating to the use of the Website and other matters addressed herein, and supersede any and all other terms, representations or discussions. Vimergy has the exclusive and sole discretion to agree to amendments to this Agreement, of which must be in writing and executed by Vimergy.

16.6 Vimergy reserves the right to amend and make changes at any time, without advance notice, to the Website, this Agreement or other policies related to the Website and use of same. Notice of any material changes to this Agreement will be posted here, and your continued use of the Website following any updates, changes or modifications to this Agreement indicates your acknowledgement and agreement to the revised Agreement. You may want to periodically review this Agreement to be apprised of the most recent version.

17. QUESTIONS OR COMMENTS.

If you have any questions or comments regarding the Website, please contact us by e- mail at help@vimergy.com, or by mail at:

Vimergy LLC
10950 San Jose Blvd #288
Jacksonville FL 32223

Last updated: May 22, 2022