Vibrant Zenith Terms of Service

Agreement to Terms

Welcome to Vibrant Zenith! By accessing or using our website, services, programs, assessments, virtual coaching sessions, content, or community forums (collectively, "Services"), you signify your agreement to these Terms of Service. These terms constitute a legally binding agreement between you and Vibrant Zenith, located at 2847 Sunstone Way, Suite 300, Boulder, Colorado, 80301, United States.

Service Overview and Scope: Our platform is designed to empower adults aged 35 and above with personalized wellness programs, health assessments, lifestyle product suggestions, expert articles, and interactive community engagement. We aim to provide cutting-edge health technology combined with human-centered care, supporting you through the health challenges of midlife and beyond.

User Eligibility: Our Services are intended for individuals who are at least 18 years old. By using our Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into this agreement. We encourage users to consider their personal health circumstances before engaging with our programs.

Modification Procedures: Vibrant Zenith reserves the right to update or modify these Terms at any time. We will notify you of any significant changes by posting the new Terms on this page or through other appropriate communication channels. Your continued use of the Services after such modifications constitutes your acceptance of the revised Terms. Please review these terms periodically for changes.

Effective Date: These Terms of Service were last updated on October 26, 2023.

Description of Services

At Vibrant Zenith, we offer a comprehensive suite of digital wellness tools and resources designed to support your health journey:

• Online Wellness Programs: Access structured programs for metabolic reset, sleep optimization, mobility & joint care, and more. These include guided content, exercises, and progress tracking tools.
• Personalized Health Assessments: Utilize our AI-powered assessments to gain insights into your unique health profile and receive tailored recommendations.
• Virtual Coaching Sessions: Connect with certified wellness coaches for personalized guidance and support.
• Curated Lifestyle Product Suggestions: Discover expert-vetted products designed to complement your wellness journey.
• Daily Health Blog: Read articles from our team of health experts on a wide range of topics pertinent to adult wellness.
• Interactive User Feedback Forums: Engage with a supportive community, share experiences, and receive peer encouragement.
• Subscription Box Services: Receive curated health products delivered directly to your door (where applicable).

Service Limitations & Healthcare Disclaimer: Our Services provide educational and informational content only. They are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on Vibrant Zenith.

Platform Availability: While we strive for 24/7 Service availability, occasional downtime for maintenance, upgrades, or unforeseen technical issues may occur. We will endeavor to provide advance notice for planned interruptions.

User Responsibilities and Conduct

To ensure a safe and positive experience for all Vibrant Zenith users, we expect the following from you:

• Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Promptly notify us of any unauthorized use or security breaches. Ensure all information provided for your account is accurate and up-to-date.
• Appropriate Use & Community Guidelines: Engage respectfully with other users and Vibrant Zenith staff. Do not post offensive, harmful, defamatory, or unlawful content. Harassment, spamming, and promotion of external products/services are strictly prohibited. Our full Community Guidelines are available here.
• Health Safety: You acknowledge that you are solely responsible for your health decisions. Engage with our programs and suggestions mindfully and consult with your healthcare provider before beginning any new health regimen. Our content is for educational purposes only.
• Content Submission: By submitting content (e.g., forum posts, feedback), you grant Vibrant Zenith a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute your content within the Services. You affirm that you have the necessary rights to submit such content and that it does not infringe on any third-party rights.
• Compliance Requirements: You agree to comply with all applicable laws and regulations in your use of our Services, as well as these Terms of Service and any specific guidelines posted within the platform.

Payment and Subscription Terms

This section outlines the financial aspects of using Vibrant Zenith's premium services:

• Pricing: Current fees for our distinct online wellness programs, virtual coaching sessions, and any subscription box services are clearly listed on their respective service pages. All prices are in USD unless otherwise stated.
• Payment Processing: Payments are processed via secure third-party payment gateways. You agree to provide valid credit card or payment information and authorize us to charge your selected payment method for all applicable fees. Billing cycles, whether monthly or annually, are detailed at the point of purchase. Prices do not include any applicable taxes, which will be added where required by law.
• Auto-renewal: Most subscription services will automatically renew at the end of each billing cycle unless you cancel your subscription prior to the renewal date. We will send renewal notifications in advance of recurring charges.
• Price Changes: Vibrant Zenith reserves the right to adjust pricing for its Services at any time. We will provide reasonable advance notice of any price changes that may affect your current subscription. If you do not agree with the price changes, you may cancel your subscription before the new prices take effect.
• Payment Disputes: If you believe an error has occurred in billing, please contact our customer support team immediately at [email protected]. We will investigate promptly to resolve any discrepancies.

Refund and Cancellation Policy

We want you to be satisfied with Vibrant Zenith. Our policy is as follows:

• Refund Eligibility: Full refunds for programs or subscriptions may be requested within 14 days of the initial purchase, provided that less than 20% of the program content has been accessed or less than one virtual coaching session has been utilized. After this period, refunds are generally not offered, except in cases where a service is fundamentally not delivered as described.
• Cancellation Procedures: You may cancel your subscription at any time through your account settings or by contacting our customer support. Cancellations will take effect at the end of your current billing cycle, meaning you will retain access to the Services until then. No further charges will be incurred.
• Prorated Refunds: Partial refunds are not typically offered for partial usage of programs or coaching sessions beyond the initial 14-day eligibility period. Subscription box services are non-refundable once shipped.
• Non-refundable Items: Completed programs, used virtual coaching sessions, and any downloadable digital content (e.g., e-books, workout guides) are non-refundable once accessed or utilized.
• Request Process: To request a refund, please send an email to [email protected] with your purchase details and reason for the request. Refund processing typically takes 5-10 business days.

Intellectual Property and Content

Understanding ownership and usage rights on our platform:

• Platform Content: All content provided on Vibrant Zenith, including text, graphics, logos, images, software, programs, assessments, and coaching materials, is the property of Vibrant Zenith or its licensors and is protected by intellectual property laws. This content is provided for your personal, non-commercial use only.
• User Content: Any content you upload, post, or submit to our Services (e.g., forum posts, reviews) remains yours. However, by posting, you grant Vibrant Zenith a non-exclusive, royalty-free, perpetual, worldwide, and sublicensable license to use, reproduce, adapt, publish, translate, and distribute such content in any media, for purposes related to the operation and promotion of our Services. You are responsible for ensuring your content is accurate and does not violate any third-party rights.
• Copyright Protection & Infringement: We respect the intellectual property of others. If you believe your copyright has been infringed upon, please contact us with relevant details, and we will investigate promptly.
• License Grants: Vibrant Zenith grants you a limited, non-exclusive, non-transferable license to access and use the Services and content for your personal, non-commercial wellness journey, subject to these Terms.
• Content Accuracy Disclaimer: While we strive for accuracy, the health information provided on our platform is for general informational purposes only. It is vital to cross-reference information and consult with qualified professionals for specific personalized advice.

Limitation of Liability and Disputes

This outlines the scope of our responsibility:

• Service Limitations: Vibrant Zenith provides its Services on an "as is" and "as available" basis. We do not warrant that the Services will be uninterrupted, error-free, or completely secure. To the maximum extent permitted by law, Vibrant Zenith shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any third party on the Services.
• Health Disclaimers: As stated, our Services are for educational purposes. Vibrant Zenith is not a medical provider, and our content is not medical advice. Your reliance on any information provided by Vibrant Zenith, its employees, or others appearing on the Services at the invitation of Vibrant Zenith, is solely at your own risk.
• Dispute Resolution: In the event of a dispute, we encourage you to first contact us directly to seek a resolution. For unresolved disputes, both parties agree to engage in good faith mediation in Boulder, Colorado, prior to pursuing any legal action. If mediation is unsuccessful, disputes shall be finally settled by binding arbitration in accordance with the rules of the American Arbitration Association, also in Boulder, Colorado.
• Indemnification: You agree to indemnify and hold harmless Vibrant Zenith, its affiliates, officers, agents, and employees from 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 your violation of any law or the rights of a third-party.
• Force Majeure: Vibrant Zenith shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Questions About These Terms

We are here to help you understand our policies:

For Legal Inquiries specific to these Terms of Service, please contact:
Vibrant Zenith Legal Department
2847 Sunstone Way, Suite 300
Boulder, Colorado, 80301, United States
Email: [email protected]
Phone: (303) 720-6543

Amendment Procedures: Any amendments to these Terms will be posted on this page with an updated effective date. We reserve the right to modify these terms at our discretion.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

Governing Law: These Terms shall be governed and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.

Customer Service: For general service questions, technical support, or program-related inquiries that are not legal in nature, please visit our Contact Us page or email our customer service team directly. This ensures your query is routed efficiently to the appropriate department.