TERMS OF SERVICE

OVERVIEW

Welcome to VitalAir. The terms “we,” “us,” and “our” refer to VITALAIR LLC, doing business under the VitalAir brand. VITALAIR LLC operates this store and website, including all information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). VitalAir is powered by Shopify, which enables us to provide the Services.

The following terms and conditions, together with all policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services. Markdown pegado

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers and limitations of liability.

By viewing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use our Services.

SECTION 1: ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in the state or province where you reside and that you have given us your consent to allow any minors under your care to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing address, payment information, and shipping address. You represent and warrant that all information you provide through our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, or assign your account to another person or grant any licenses associated with your account.

SECTION 2: OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of products may differ from how they appear on your screen due to the type of device you use to access the store and its settings.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to those displayed in our online stores.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to any person, geographic region, or jurisdiction, as applicable.

SECTION 3: ORDERS

When you place an order, you are making an offer to purchase. VitalAir reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until VitalAir confirms its acceptance. We must receive and process your payment before accepting your order. Please review your order carefully before submitting it, as VitalAir may not be able to accommodate cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided when the order was placed.

Your purchases are subject to returns or exchanges only in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are solely for personal or household use and not for resale or commercial export.

SECTION 4: PRICING AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in the order confirmation email you receive. Unless expressly stated otherwise, listed prices do not include taxes, shipping, handling, customs, or import charges.

Prices listed in our online stores may differ from those offered in physical, online, or other stores operated by third parties. From time to time, we may offer promotions through the Services that may affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.

For all purchases made through our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. 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 necessary.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay all charges incurred at the listed prices, including applicable shipping, handling, and taxes, if any.

SECTION 5: SHIPPING AND DELIVERY

We are not responsible for shipping or 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 beyond our control. Once we deliver the products to the shipping carrier, title and risk pass to you.

SECTION 6: INTELLECTUAL PROPERTY

Our Services, including, without limitation, trademarks, brands, text, samples, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by VITALAIR LLC, its affiliates, or licensors and are protected by U.S. and foreign copyright and other intellectual property laws.

These Terms permit you to use the Services solely for personal, non-commercial purposes. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material included in the Services without our prior written consent. Unless expressly stated herein, no part of these Terms grants or shall be construed as granting you any license or other right with respect to any patent, trademark, copyright, or other intellectual property of VitalAir, VITALAIR LLC, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. VITALAIR LLC reserves all rights not expressly granted herein.

The VitalAir names, logos, product and service names, designs, and slogans are trademarks of VITALAIR LLC, its affiliates, or licensors, as applicable. You must not use such marks without prior written consent. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services belong to their respective owners.

SECTION 7: OPTIONAL TOOLS

As part of the Services, you may be provided access to customer tools offered by third parties over which we have no monitoring, control, or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional third-party tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms under which the tools are provided by the relevant third-party providers.

We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features will also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8: THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you choose to leave the Services to access such materials or third-party websites, you do so at your own risk.

We are not responsible for any harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content from third-party websites. Please carefully review third-party policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9: RELATIONSHIP WITH SHOPIFY

VitalAir is powered by Shopify, which enables us to provide the Services. However, any sales and purchases made through our store are directly between you and VITALAIR LLC, doing business under the VitalAir brand. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales taking place between you and VITALAIR LLC, including any injuries, damages, or losses caused by products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with VitalAir.

SECTION 10: PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed on its website. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information associated with your access to and use of the Services in order to provide and improve the Services for you. In order to provide you with the Services, information you submit through the Services will be transmitted to and shared with Shopify and third parties that may be located in countries other than the country in which you reside. For more information about how we, Shopify, and our partners use your personal information, please review our Privacy Policy [LINK].

SECTION 11: FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use. For example, we may exercise our rights under this license to operate, provide, evaluate, optimize, improve, and promote the Services and to fulfill our obligations and enforce our rights under these Terms of Service.

You also represent and warrant that: (i) you own or otherwise have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have and shall have no obligation to (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or in violation of any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.

SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS

From time to time, there may be information on or within the Services that contains typographical errors, inaccuracies, or omissions relating 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 is inaccurate, at any time without prior notice, including after you have submitted your order.

SECTION 13: PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state, or local regulations, laws, or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of “junk mail,” “chain letters,” “spam,” or any similar content; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, as determined by us, may harm VitalAir, Shopify, or users of the Services or expose them to liability.

You further agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.

SECTION 14: TERMINATION

We may terminate this agreement or discontinue your access to the Services, or any part thereof, at our sole discretion at any time without notice, and you may remain liable for all amounts due up to and including the date of termination.

The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature survive termination.

SECTION 15: DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly