Terms of Service
Terms of Service
IMPORTANT NOTICE — ARBITRATION AND CLASS ACTION WAIVER
These Terms of Service contain a binding arbitration provision and a waiver of your right to participate in class or collective actions. Please read Sections 14 and 15 carefully, as they affect your legal rights and how disputes are resolved.
SECTION 1 — OVERVIEW
Welcome to CellVera! The terms "we", "us" and "our" refer to CellVera. CellVera operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). CellVera is powered by Shopify, which enables us to provide the Services to you.
By visiting, purchasing, interacting with, or otherwise using our products or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 2 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete. You are solely responsible for maintaining the security of your account credentials.
SECTION 3 — OUR PRODUCTS
CellVera products are dietary supplements and are not intended to diagnose, treat, cure, or prevent any disease. Results may vary from person to person. Our products have not been evaluated by the Food and Drug Administration (FDA). Always consult with a healthcare professional before starting any new supplement regimen.
We have made every effort to provide an accurate representation of our products in our online store. However, colors or product appearance may differ from how they appear on your screen. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time.
SECTION 4 — ORDERS
When you place an order, you are making an offer to purchase. CellVera reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until CellVera confirms acceptance. We must receive and process your payment before your order is accepted.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
SECTION 5 — PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store.
SECTION 6 — SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 7 — INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by CellVera, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
CellVera is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with CellVera. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and CellVera.
SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy.
SECTION 11 — DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED BY CELLVERA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
SECTION 12 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL CELLVERA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND.
IN NO EVENT SHALL CELLVERA'S AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
SECTION 13 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless CellVera, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of your breach of these Terms of Service, your violation of any law or the rights of a third party, or your access to and use of the Services.
SECTION 14 — INFORMAL RESOLUTION AND MEDIATION
Before either party may initiate arbitration, the parties agree to first attempt to resolve the dispute through a 30-day informal negotiation and mediation period. If the dispute is not resolved within thirty (30) days after notice, either party may then initiate arbitration in accordance with the arbitration terms below.
SECTION 15 — BINDING ARBITRATION AND CLASS-ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
By agreeing to these Terms of Service, you and CellVera agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services will be resolved by binding arbitration on an individual basis, rather than in court.
You and CellVera acknowledge and agree that by entering into this arbitration agreement, you are waiving the right to a jury trial or to participate in a class action.
Class-Action Waiver: You and CellVera agree that each may bring claims only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
Small-Claims Option: Either party may bring an individual claim in small-claims court instead of arbitration, so long as the claim remains in that court.
SECTION 16 — GOVERNING LAW
These Terms of Service and any related dispute shall be governed by and construed in accordance with the Federal Arbitration Act and the laws of the United States, without regard to conflict-of-law principles.
SECTION 17 — SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service.
SECTION 18 — CHANGES TO TERMS OF SERVICE
We may modify these Terms from time to time, as permitted by law, by updating, changing, or replacing any part of these Terms and posting the revised version to our website. By continuing to use the Services after any changes become effective, you agree to the revised Terms.
SECTION 19 — CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
Email: support@trycellvera.com