All content, Vigdee.com, the products and the mobile application (the “Platform”) are owned and operated by Vigdee LLC (“Vigdee”, “us” or “we”) located in New York.
Modifications: We may revise these Terms and Conditions (“Terms”) at any time without prior notice. By using this website or placing an order, the user or visitor (“you” or “your”) agree to be bound by the most current version of our Terms and Conditions. Continued use constitutes your acceptance of these Terms. Please check this page periodically for updates. Any amendment to these terms is only valid if in writing and signed by an authorized Vigdee officer.
Applicability: These Terms are a legal agreement governing your use of our website, mobile app, your relationship with us, and any transactions, orders, products, or services provided by Vigdee. Please read carefully as they affect your legal rights, including waivers of class action relief, limitations of liability, and indemnification. All disputes must be resolved through individual binding arbitration, as outlined in these Terms, depending on your jurisdiction. These Terms apply to you, your permitted successors, and assigns, and benefit Vigdee.
Services Provided: Vigdee provides online services, including the Platform, and related services (collectively, the “Services”). If you do not agree to these Terms, do not use the Services. Vigdee may terminate or limit your access at any time or for any reason. These Terms remain in effect until you notify Vigdee that you no longer wish to use the Services or cease using them. Upon termination, you must destroy all materials obtained from Vigdee.com. Provisions that require continued performance or have ongoing obligations, including but not limited to sections on limitations of liability, indemnification, and dispute resolution, will survive termination.
Acceptance: Your use of a particular section of our Platform may also be subject to additional terms as set forth herein. In the event that any of the Terms contained herein conflict with any particular section of the Platform or with any terms included with any product purchased from Vigdee, then these Terms shall control.
Jurisdiction and Compliance
The Platform complies with U.S. laws and regulations. Certain products may not be shipped to specific jurisdictions, and users outside the U.S. should be aware that local laws and safety requirements may differ.
All disputes related to Vigdee, including but not limited to these Terms and privacy matters shall be governed by the laws of the State of New York, U.S.A.
By using the Platform, you irrevocably agree that any legal claims shall be exclusively submitted to state or federal courts (if not subject to dispute resolution section below) located in Rockland County, New York, U.S. You consent to the exclusive jurisdiction and venue of these courts for resolving any claims.
Use of the Vigdee website is unauthorized in any jurisdiction that does not uphold all provisions of these Terms, including this Governing Law and Jurisdiction section.
Vigdee reserves the right to:
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Restrict sales of its products to specific individuals or regions at its discretion.
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Limit quantities of any product or service.
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Modify or discontinue products at any time without prior notice.
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Void offers where prohibited by law.
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Vigdee does not offer price matching with online competitors or retail partners.
Privacy
Please review our privacy policy, it also applies to your use of this Platform and our other data handling practices.
By opting in to receive SMS marketing messages from Vigdee, you agree to receive targeted marketing, promotional, and informational messages, including cart reminders, based on information collected via cookies. Message frequency may vary.
Opting Out:
You may opt out of SMS communications at any time by texting STOP to the number messaging you. Upon receiving your request, we will send a confirmation message, and you will no longer receive further SMS messages from us. To resubscribe, simply reply Start.
Carrier & Cost Disclosures:
Message and data rates may apply for both incoming and outgoing messages. Wireless carriers are not responsible for any delayed or undelivered messages. For details regarding your text or data plan, please contact your wireless provider.
USE LIMITATIONS
Your use of the Platform is subject to these Terms. You may not use the Platform for any unlawful purpose or in violation of these Terms. Prohibited activities include:
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Damaging, disabling, or overburdening the Platform or its networks.
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Interfering with others' use of the Platform.
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Gaining unauthorized access to the Platform, accounts, systems, or networks.
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Obtaining materials or information not intentionally provided through the Platform.
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Violating any laws or intellectual property (“IP”) rights.
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Harassing, harming, or discriminating against others.
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Submitting false or misleading information.
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Uploading malware or malicious code.
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Collecting or tracking personal information without authorization.
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Spamming, phishing, or using automated tools for data collection.
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Engaging in obscene or immoral conduct.
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Circumventing security features.
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Bypassing, disabling, or circumventing content protection measures or engaging in unauthorized use of services.
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Unauthorized decompilation, reverse engineering, or modification of our technologies.
Vigdee may terminate your use of the Platform for any prohibited conduct, promotion of illegal activity or fail to comply with the law. We reserve the right to monitor, review, and remove user content as necessary to ensure compliance with these Terms. Vigdee is not responsible for user-generated content or opinions shared on the Platform.
majority
To use or conduct any business with Vigdee, you must be at least 18 years old or the legal age of majority in your jurisdiction. By accessing the Platform, you confirm that you meet this requirement and have the legal authority to comply with these Terms. You are responsible for supervising and ensuring that any minors using your account or devices to access the Platform comply with these Terms.
You may not use the Services if:
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You cannot enter into a binding contract with Vigdee.
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You are (a) under 13 years of age or, if older, (b) between 13 and 18 years old but cannot furnish valid consent to processing of your personal information (“PI”) under applicable data privacy laws, in which case you must not create an account, use any of our Services, or submit PI in the Services or to Vigdee (i.e., your name, or telephone number).
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You are not allowed to receive products, including services or software, from the United States, for example if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.
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If you are under the age of majority where you are located, you represent that your legal guardian has reviewed and agreed to these Terms.
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Some Vigdee Services permit or require you to create an account to participate in additional services. By registering for such services, you agree to provide accurate, complete and current information, including your date of birth, payment information, and contact information for notices. You agree not to impersonate or misrepresent your affiliation with any person or entity, including, without limitation, using another person’s username, password or account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including the contact information for a parent or guardian. Vigdee reserves the right to restrict or prohibit inappropriate or infringing usernames. You are responsible for the personal protection and security of any password or username that you may use to access this Service. You are responsible for all direct or indirect damages and liable for all activity conducted on this Service that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to Vigdee to help@Vigdeee.com.
Intellectual property
MATERIALS PROVIDED TO VIGDEE
By submitting feedback or other content ("Contributions") to Vigdee, you grant Vigdee and its affiliates a non-exclusive, worldwide, perpetual, royalty-free license to use, copy, distribute, display, modify, and create derivative works from your Contributions. Vigdee may publish your name in connection with your Contributions without compensation and reserves the right to remove or reject any Contribution at its discretion. All content on Vigdee, including trademarks, logos, text, images, videos, graphics, and software ("Content"), is protected by IP laws. You do not acquire ownership rights by using the Services, and unauthorized reproduction, modification, distribution, or display of Content for commercial purposes is prohibited.
Vigdee grants you a limited, non-exclusive license to access and use the Services and Content for personal, informational, and shopping purposes, subject to compliance with these Terms. You may not reproduce, modify, rent, sell, distribute, or create derivative works from any Content without Vigdee’s written permission. Vigdee.com is for personal and non-commercial use unless otherwise specified. In cases of conflict with a separate agreement between Vigdee and its business partners or customers ("Business Agreement"), the Business Agreement takes precedence.
By submitting User Content, including text, images, artwork, videos, and designs, you confirm that you have the rights to grant Vigdee a non-exclusive, royalty-free, worldwide license to use, modify, reproduce, distribute, and display the content in any medium for any purpose. You warrant that your submitted Content does not violate any law, infringe rights, or contain harmful or objectionable material and you agree to indemnify Vigdee against any claims, liabilities, damages, or costs arising from your Content. Vigdee is not responsible for user-submitted Content and assumes no liability for its publication.
Vigdee does not pre-screen user Content but may monitor or review it post-publication for compliance and reserves the right but is not obligated to do so or to remove or edit Content that violates these Terms. Contributions will not be returned or treated as confidential, and users should avoid submitting sensitive PI, as Vigdee does not knowingly collect or store such data.
You also grant Vigdee the right to use your name, persona, and likeness in connection with your Contributions. To the extent permitted by law, you waive any moral rights associated with your Contributions and agree not to interfere with Vigdee’s granted license. You may not create links to Vigdee.com without written permission from Vigdee. If granted, such permission is a limited, revocable, and nonexclusive right to link to the home page of Vigdee.com, provided the link does not misrepresent or portray Vigdee, its affiliates, or their content, products, or services in a false, misleading, derogatory, or offensive manner. Use of any Vigdee logo, proprietary graphic, or trademark as part of a link requires express written permission from Vigdee.
SOCIAL MEDIA
This section applies when Vigdee requests permission to use your social media content for marketing and advertising purposes. If you have posted content related to our products on social media, Vigdee may request permission to feature your content in its marketing efforts through a post, direct message, or other communication.
By responding to Vigdee’s request, you grant Vigdee and its successors a perpetual, worldwide, non-exclusive, fully paid, royalty-free license to copy, display, distribute, modify, and store your content. You acknowledge that you will not receive monetary compensation but will be credited with your username as the content creator. Vigdee is not obligated to use any content shared and reserves the right to determine which content is published. By sharing your content, you release Vigdee from any liability related to its use.
Ownership of Your Content
You retain ownership of any content you share. By granting Vigdee the rights described above, you do not transfer ownership of your content. You represent and warrant that you own all rights, titles, and interests in the content, including copyrights, and that sharing your content does not infringe on any third-party rights.
Permission to Share Your Content
By sharing your content, you confirm that you are over 18 and the parent or legal guardian of any child shown in the submitted photos. You also confirm that any adult appearing in your content is yourself.
Non-Confidentiality
Your content will be publicly accessible once shared with Vigdee. Exercise caution when disclosing PI. To request removal of your content from our site, contact us at help@vigdee.com. However, any prior use of your content will remain subject to the rights granted in these Terms, even after removal.
TRADEMARKS
All trademarks, trade dress, and other identifiers used on Vigdee.com, in advertisements, catalogs, or on social media are owned or licensed by Vigdee or its affiliates. The content on this website, including but not limited to text, graphics, website design, logos, characters, videos, images, and other materials (“Material”), is IP owned or licensed by Vigdee. Unauthorized use of any Trademark, or any mark that may cause consumer confusion, is strictly prohibited.
The license mentioned above allows you to download and save a single copy of website pages for personal use, but you may not reproduce, modify, distribute, display, create derivative works from, sell, or exploit any Material without Vigdee’s express written consent.
COPYRIGHT
All content available on the Vigdee, including text, graphics, logos, icons, images, audio clips, digital downloads, data compilations and software, is owned by Vigdee or its suppliers and is protected by U.S. copyright law and international treaties. The compilation of all content on the Platform is the exclusive property of Vigdee and is similarly protected. All software used on this site is owned by Vigdee or its software suppliers and is subject to the same legal protections.
Any reproduction, redistribution, or unauthorized use of the content or software is strictly prohibited and may result in civil and criminal penalties. Copying or reproducing content or software to another server or location for distribution is expressly forbidden. Violators will be prosecuted to the fullest extent permitted by law.
Copyright Infringement Notification Procedure
Vigdee respects IP rights. If you believe your copyrighted work has been used without authorization, you may submit a claim to our Copyright Agent with the following details:
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Identification of the copyrighted work, including registration numbers if applicable.
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Details of the infringing material and its location on Vigdee.com.
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Your contact information, including address, phone number, and email.
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A statement of good faith belief that the use is unauthorized.
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A declaration under penalty of perjury that your claim is accurate and that you have the right to act on behalf of the copyright owner.
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Your physical or electronic signature.
Counter-Notification
If you believe content was removed in error, you may file a counter-notification with our Copyright Agent. It must include:
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Your physical or electronic signature.
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Identification of the removed material and its previous location.
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A statement under penalty of perjury that removal was mistaken.
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Your contact details and consent to the jurisdiction of the federal court in your area.
By submitting a claim or counter-notice, you acknowledge that we may forward your submission to relevant parties.
DMCA Compliance
Vigdee adheres to the Digital Millennium Copyright Act (DMCA) and has designated an agent to handle copyright disputes. Notices must meet legal requirements and should be sent to:
Copyright Agent
Vigdee LLC,
82 Union Road,
Spring Valley, NY 10977
Phone 866 584 4333
help@vigdee.com
We recommend consulting legal counsel before filing a notice or counter-notice. Misrepresentations can result in legal consequences.
ORDERS AND PRODUCT INFORMATION
If you wish to purchase any product or service made available through the Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
We may require additional information from you prior to accepting or processing your order. You represent and warrant that: (i) you have the legal right to use any payment method(s) relating to any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to use or provide the information to third parties for purposes of facilitating the completion of Purchases or providing our Services to you.
We reserve the right to refuse or cancel your order at any time for certain reasons including availability; we suspect you are purchasing for resale without written permission from us; errors in the description or price of the product or service; error in your order or other reasons; or if fraud or an unauthorized or illegal transaction is suspected.
Further, we reserve the right to collect any rejection or insufficient funds fee and process any such payment by the method you have submitted to us. Your charges may be payable in advance, in arrears, or as otherwise described when you initially selected to use the paid Services.
Vigdee undertakes no duty to update, amend or clarify information on this Platform, including pricing, except as required by law. No specified update or refresh date applied on this Platform should be taken to indicate that all information on the Platform has been modified or updated.
Please remember when reviewing information on this Platform that such information may not represent the complete information available on a subject. Moreover, subsequent events or change in circumstances may cause existing information on this Platform to become inaccurate.
Acceptance and Delivery
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Vigdee is not liable for delays beyond its control or the control of its suppliers. Unless explicitly agreed in writing by both parties, shipping dates are approximate, and time is not of the essence. Any contract for the sale of goods is formed and performed in New York.
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Vigdee rejects any additional or conflicting terms proposed by you, whether oral, written, or electronic.
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Vigdee will ship orders within three (3) business days of purchase unless otherwise stated. If an item is backordered, specific details will be provided at the time of the backorder,
Payment Terms
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Payment is due upon purchase, if it is a bulk order, specific details to be negotiating for said custom bulk orders.
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You are responsible for all collection costs related to unpaid balances, including attorney fees and court costs. If credit is extended, you grant Vigdee a security interest in the purchased merchandise and its proceeds, authorizing Vigdee to file necessary financing statements.
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A $40 fee applies to returned or insufficient funds checks. Credit cards are charged upon purchase.
Product Descriptions
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Vigdee periodically updates its catalogs, website, and these Terms without prior notice. While Vigdee strives for accuracy, it does not guarantee that:
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Product descriptions, pricing, and images are accurate, current, or error-free.
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Merchandise has specific approvals, certifications, characteristics, benefits, ingredients, or uses.
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Any product meets a particular standard, certification, quality, or grade.
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Vigdee assumes no liability for inaccuracies. If a product does not meet your expectations, your sole remedy is to return it unused.
Personalization
If you request customization of products, including the printing or reproduction of trademarks, logos, graphics, images, messages, or other business symbols ("Marks"), you grant Vigdee a non-exclusive, limited license to use those Marks for producing and fulfilling your order.
You also grant Vigdee permission to use images or representations of the finished personalized products for advertising and promotional purposes related to customization services and merchandise sales. Vigdee does not claim ownership of your Marks, except for the limited rights granted under this section.
You represent and warrant that you own or have the necessary rights to license the Marks to Vigdee. You further agree to indemnify and hold Vigdee harmless from any claims, liabilities, damages, costs, or expenses (including legal fees) resulting from the use of your Marks, including disputes over ownership or unauthorized use.
Vigdee reserves the right, at its sole discretion, to reject or cancel any personalized order that it deems inappropriate, unlawful, or otherwise unsuitable.
Resale
To maintain brand integrity, customer satisfaction, and quality assurance, you, your affiliates, or any other reseller are prohibited from reselling Vigdee products on third party platforms such as Amazon.com without prior written consent from Vigdee.
Any unauthorized resale of our products will be considered a violation of our IP rights, including trademark, trade dress, and copyright infringement, as well as a deceptive trade practice. Vigdee reserves the right to take all necessary legal actions and enforcement measures to address any violations of this policy.
Cancellation
Order Cancellations
You may cancel your subscription at any time by logging into your account, navigating to the “Subscriptions” section, and selecting the “Cancel” option under the "Watch the Video" button. Upon cancellation, no further payments will be processed in the following billing cycle, and you will no longer receive a new kit.
Returns and Refunds Policy
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Returns and Refunds are not accepted.
Third-Party Purchases
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Vigdee does not provide refunds, cancellations, or returns for purchases made through third-party retailers or websites.
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Returns, refunds, and cancellations for third-party purchases are subject to the policies of the respective retail partner or platform.
For additional return information or to initiate a return, please contact [support email].
MEMBER ACCOUNT, PASSWORD, AND SECURITY
Certain customers and partners of Vigdee may receive a password from Vigdee to access certain information on Vigdee.com. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.
You agree to notify Vigdee immediately of any unauthorized use of your account or any other breach of security. Vigdee will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Vigdee or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder and Vigdee.
THIRD PARTIES
LINKS TO THIRD PARTY SITES
The Vigdee Website may contain links to third-party websites that are not controlled by Vigdee. Vigdee is not responsible for the content, updates, or functionality of such sites, nor does it endorse or associate with them. Webcasting, transmissions, or performance issues related to such sites are beyond Vigdee’s control. These links are provided for convenience, and users are responsible for reviewing and complying with the privacy policies and terms of use of such sites.
Any interactions, transactions, or participation in promotions with third parties, including advertisers, are solely between you and the third party. This includes the purchase and delivery of goods or services and any related terms, conditions, warranties, or representations. Vigdee is not responsible or liable for any such dealings or promotions.
Additional terms may apply to certain Vigdee services, including agreements with third-party providers, rules for sweepstakes and contests, purchases, services, or other online activities. Access to specific content or software through Vigdee or third-party platforms such as Apple, Android, or Windows-powered devices may also be subject to additional terms. In case of a conflict, these additional terms will take precedence. By accessing Vigdee content on third-party platforms, you agree to their respective terms of service. Any complaints or concerns regarding Third-Party Products should be directed to the respective third party.
Assignment
Vigdee reserves the right to assign, transfer, or delegate its rights and obligations under these Terms and Conditions, in whole or in part, at any time, with or without prior notice. These Terms shall be binding upon and enforceable by Vigdee’s successors and assigns.
You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without Vigdee’s prior written consent. Any attempted assignment or transfer by you without approval shall be deemed null and void.
Third-Party Beneficiaries
No one other than you and Vigdee, or Vigdee’s successors and assigns, will have any right to enforce these Terms.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Service Changes and Termination
Vigdee reserves the right to modify, suspend, or terminate any part of the website, services, or content at any time without prior notice. Vigdee shall not be liable for any consequences resulting from such actions.
If your jurisdiction does not allow certain disclaimers or limitations, those provisions apply only to the extent permitted by law. Where a minimum warranty period is required, the applicable period shall be the shorter of 30 days from first use or the minimum period required by law.
Vigdee provides its Platform on an “as is” and “with all faults” basis. The website may contain errors, omissions, or inaccuracies. Vigdee reserves the right to modify, update, or discontinue any part of the website, software, or services at any time without prior notice.
No Warranties
To the maximum extent permitted by law, Vigdee disclaims all warranties, express or implied, including but not limited to:
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The accuracy, reliability, availability, or security of the website.
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Freedom from viruses or other harmful components.
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Fitness for a particular purpose or non-infringement of third-party rights.
Users assume all risks associated with using or not using the website. No employee, agent, or representative of Vigdee is authorized to modify these disclaimers.
Limitation of Liability
To the fullest extent permitted by law:
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Your use of the Vigdee website is at your own risk.
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Vigdee is not liable for unauthorized access to or alteration of your data, service disruptions, or third-party content that is offensive, unlawful, or harmful.
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Vigdee shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages (even if advised of such), including lost profits, data loss, business disruptions, or hardware malfunctions resulting from the use or inability to use the Platform.
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If you are dissatisfied with the Platform or these Terms, your sole remedy is to discontinue use.
Maximum Liability
Vigdee’s total liability for any claims related to the website shall not exceed the amount you paid for access in the 12 months preceding the claim. If local laws prohibit such limitations, Vigdee’s liability will be restricted to the maximum extent permitted by law.
European Economic Area (EEA) & Brazil:
Vigdee is responsible for foreseeable losses due to a breach of these terms but is not liable for unforeseeable damages.
Warranty Minimum Jurisdictions
Where a minimum warranty period is required, the applicable period shall be the shorter of 30 days from first use or the minimum period required by law.
Indemnification
You agree to indemnify, defend, and hold harmless Vigdee, its directors, officers, employees, parents, subsidiaries, agents, and affiliates from any claims, damages, demands, costs, and expenses, including attorney fees, arising from:
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Any content you submit, post, transmit, or attempt to make available through the website.
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Your use of the website.
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Your violation of any data protection or privacy laws, including those related to children’s protection.
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Any breach of these terms.
If the laws of your country or jurisdiction do not permit such indemnification, your rights shall remain unaffected to the extent required by applicable law.
GENERAL
SEVERABILITY
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
ENTIRE AGREEMENT
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Vigdee with respect to the Vigdee Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Vigdee with respect to the Vigdee Website. It is the express will of the parties that this agreement and all related documents have been drawn up in English.
ANTI CORRUPTION
You represent, warrant and covenant that you will comply with the U.S. Foreign Corrupt Practices Act of 1977, as amended (the "Act") and all other applicable anti-corruption or anti-bribery laws, rules or regulations ("Anti-Corruption Laws").
Neither you nor any of your directors, officers, members, or employees shall make or offer to make any payment or gift directly or indirectly to any employee, officer, or representative of any governmental entity or state-owned enterprise, whether domestic or foreign, instrumentality or to any foreign political party, any official of a foreign political party, or candidate ("Government Official") or any other person with the corrupt purpose of influencing that person for your or our business advantage or when such payment would otherwise constitute a bribe, kickback, or illegal payment under any applicable U.S. or foreign Anti-Corruption Laws.
You represent, warrant and covenant that no Government Official shall have any legal, financial, or beneficial interest in your transactions with us, your business relationship with us or payments made to us. We shall have the right, with or without notice to you, to terminate any transaction or agreement in its entirety, including any order, at any time, based on any conduct which violates the terms of this paragraph or any applicable Anti-Corruption Laws.
You agree to defend, indemnify, and hold us, our affiliates and each of their employees, officers, and directors, harmless from and against all costs, damages, and expenses (including attorney fees) incurred by us as a result of your failure to abide by your obligations under this paragraph.
Electronic Communications
Electronic Records and Communications
A printed version of this agreement and any electronically transmitted notices may be used as evidence in judicial or administrative proceedings, just like other business records maintained in printed form. By providing your email address or phone number, contacting us via email, visiting our website, or interacting with us on social media, you consent to receive electronic communications from Vigdee via email, phone calls, text messages, fax, social media, or website notifications.
Automated dialing systems or prerecorded messages for advertisements or other communications to the phone number you provide.
By using our services, you expressly consent to such communications, including the collection, recording, storage, and use of your browsing history and interactions with our website. You waive any claims arising from these communications and acknowledge that all notices, disclosures, agreements, and other communications provided electronically satisfy legal requirements for written communication.
Company Information and Contact Details
This website is owned and operated by Vigdee. For any questions regarding these Terms and Conditions, you may contact us through:
Phone: 866 584 4333
Email: help@vigdee.com
help@vigdee.com
Mail: Vigdee, Attn: Customer Service, 82 Union Road, Spring Valley, NY 10977
By visiting our Platform or sending emails or text messages to us, you agree that:
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You are communicating with us electronically.
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We may send communications via email, text messages, push notifications, or posted notices on our website.
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These electronic communications satisfy any legal requirement that such communications be in writing.
No Waiver
Vigdee’s failure to respond to a breach of these Terms by you or anyone else shall not be indicative of a waiver of its rights to act with respect to any other breaches of this Agreement.
Headings Have No Legal Effect
Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
Dispute Resolution
Notice of Claim and Dispute Resolution Process
If you have a concern with Vigdee that cannot be resolved via customer support (“Claim”), you agree to first attempt to resolve the issue informally and in good faith by providing a written Notice of Claim to Vigdee at the contact address specified herein. This notice must include:
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Your identity and contact information.
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A description of the nature and basis of your Claim.
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The relief you seek, including any specific monetary amount.
The Notice of Claim may not be combined with claims from other individuals. If the dispute remains unresolved 30 days after receipt of the Notice, any resulting legal actions must be resolved exclusively through either small claims court or binding arbitration, as described below. Neither party may initiate legal action until 30 days after the Notice of Claim has been received.
This arbitration agreement applies to all Claims, including those that arose before the Terms became effective. The arbitrator has exclusive authority to resolve disputes regarding interpretation, applicability, or enforceability of Terms, including determining whether a Claim is subject to arbitration. Any Claim related to the Terms, the Services, or the Software must be filed within one (1) year from the event giving rise to the Claim, or it is permanently barred.
No Class Actions
You agree to resolve any disputes only on an individual basis. You may not file a claim as part of a class action, consolidated lawsuit, or representative proceeding. If any part of this class action waiver is deemed unenforceable for a particular remedy, only that remedy may proceed in court while all other Claims remain subject to arbitration. If any court proceeding is necessary, all related non-arbitrable claims will be stayed pending the resolution of arbitrable disputes.
Arbitration Rules
For users in the United States, arbitration will be administered by JAMS in New York, NY, following its Streamlined Arbitration Rules and Procedures.
For users outside the United States, arbitration will be administered by a relevant international arbitration provider.
The arbitration will be conducted in English with one arbitrator mutually agreed upon by both parties. Witnesses who do not speak English may testify in their native language, with translation costs covered by the party presenting the witness. Arbitration rulings may be entered and enforced in any court with jurisdiction. If a conflict arises between the arbitration provider’s rules and these Terms, these Terms shall govern.
Arbitration Fees and Costs
The payment of arbitration-related fees will be determined by the rules of the arbitration provider. If you are unable to afford arbitration fees, Vigdee will cover them. However, if the arbitrator determines that your Claim is frivolous or was filed for an improper purpose, the fees and costs may be reallocated.
Exceptions to Arbitration – Small Claims & Injunctive Relief
Either party may choose to resolve Claims in small claims court in New York, NY, or the county of your residence, if the Claim qualifies for such a court. If a Claim is filed in arbitration but qualifies for small claims court, the other party may request that the case be transferred to small claims court before an arbitrator is appointed. The small claims court will have the authority to decide whether the case qualifies for small claims jurisdiction.
Additionally, either party may seek preliminary injunctive relief in any court with jurisdiction, such as in cases of unauthorized access to Vigdee’s Services or violations of IP rights. However, all other claims related to the dispute must be arbitrated or pursued in small claims court.
Opting Out of Arbitration
You may opt out of this arbitration and class action waiver provision within 30 days of either your first use of Vigdee’s Services or the last update to this section, whichever is later. To opt out, you must send written notice to the address specified in Section 18.2 or email us at [insert contact email]. If you opt out, Vigdee will also not be bound by this arbitration agreement.
Notice to California and New Jersey Residents
California Residents
Pursuant to California Civil Code Section 1789.3, California residents have specific consumer rights. The provider of these Services is Vigdee, located at 82 Union Road, Spring Valley, NY 10977
To file a complaint regarding the Services or to request additional information about the use of this Platform, you may:
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Send a letter to the address above, or
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Contact us via email at info@Vigdee.com with "California Resident Request" as the subject line.
Additionally, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at:
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Address: 400 R Street, Suite 1080, Sacramento, CA 95814
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Phone: 916-445-1254 or 800-952-5210
New Jersey Residents
If you reside in New Jersey, certain provisions of these Terms may not apply to you to the extent that New Jersey law deems them unenforceable. Specifically, the following sections do not limit any rights you may have under New Jersey law:
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Disclaimer of Warranties
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Limitation of Liability
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Dispute Resolution
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Indemnification
Contests, Sweepstakes, Promotions, and Mobile Marketing
Contests, Sweepstakes, and Promotions
Any contests, sweepstakes, or promotions (collectively, "Promotions") offered through our Services may be subject to specific rules separate from these Terms. By participating in any Promotion, you agree to review and comply with the applicable rules and our Privacy Policy. In the event of a conflict between these Terms and the rules of a Promotion, the Promotion rules shall prevail.
Mobile Marketing
You may choose to receive marketing communications about our products and services on your mobile device by providing your mobile phone number online or by texting us. By opting into our SMS Mobile Marketing program, you authorize Vigdee to send automated text messages about promotions, offers, and sales to your mobile number.
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No purchase is necessary to opt in, and participation is not a condition for purchasing goods or services from us.
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Standard message and data rates may apply, and your mobile carrier may charge you for sending or receiving messages. Vigdee is not responsible for these charges.
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You are responsible for updating Vigdee if you change or deactivate your phone number.
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You may unsubscribe at any time by replying "STOP" to any message.
If your carrier does not support text messaging, you may not receive messages. Neither Vigdee nor your carrier is responsible for delays or failed message delivery, as transmission depends on network availability.