Privacy Policy

THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THIS TERMS OF SERVICE PRIOR TO ACCESSING OUR WEBSITE OR PURCHASING OUR PRODUCTS. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. PLEASE READ THESE TERMS, THE ARBITRATION PROVISION, AND THE CLASS ACTION WAIVER SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS.

Section 1 – Introduction & Consent to Terms.

Welcome to Rize Wellness, LLC, a California limited liability company dba VIIA’s (referred to herein as “VIIA”, “we”, “us”, or “our”) Terms of Service (referred to herein as the “Terms”). VIIA offers a variety of hemp-based dietary supplement products, more particularly found on our Website (as defined below) (referred to herein as our “Products”)

These Terms apply to all users of our website, https://viiahemp.com/ (our “Website”) and customers who purchase our Products. By using our Website or purchasing our Products, you agree to be bound by these Terms. If you do not agree to these Terms, we ask that you please not use our Website or purchase any of our Products. Your use of our Website or purchase of our Products constitutes explicit acceptance of these Terms.

VIIA is an online marketplace selling a variety of hemp-based supplement products. All Products are compliant with the Agriculture Improvement Act of 2018 (the"2018 Farm Bill"; P.L. 115-334).

We reserve the right to modify the contents of these Terms at any time. Any modification to these Terms will be notated at the top of these Terms. By continuing to use our Website, you agree to be bound by amended versions of these Terms.

Section 2 – Medical and FDA Disclaimer.

All information provided by VIIA on our Website, our social media pages, or any other platforms that we own and operate is not a substitute for treatment or advice from a licensed medical professional. VIIA is not licensed medical professional. Rather, we are an online e-commerce store selling a variety of hemp-based supplements.

VIIA does not provided medical advice. All information, recommendations, or insights of any kind on our Website, our social media pages, or any other platforms that we own and operate are being provided for general information purposes only. Any use of information provided by VIIA should only be used in conjunction with professional medical advice. Use of any information on our Website, our social media pages, or any other platforms that we own and operate is at your own risk.

Before purchasing our Products, you agree that you have either: (a) spoken with a physician or other medical professional who has advised you of your ability to use our Products; (b) you have voluntarily chosen not to do so. While the general risk of an adverse reaction is generally small, you may have an underlying health condition, issue, or sensitivity unknown to VIIA. You are solely responsible for determining whether or not you are able to use our Products.

The Food and Drug Administration (the “FDA”) has not evaluated any of the statements or other information found on our Website, nor have these claims been confirmed by the FDA. Our Products are not intended to diagnose, cure, prevent, or treat any disease or medical condition.

In addition: (i) our Products contain less than 0.3% Tetrahydrocannabinol (THC), (ii) do not use our Products if you are pregnant or nursing, and (iii) our Products may impair your ability to drive or operate machinery.

Section 3 – Eligibility.

Access to and use of our Website or Products is not meant to be used by anyone under the age of twenty-one (21) and we do not target persons under this age for our Products. By using our Website or purchasing our Products, you represent and warrant that (a) you are at least twenty-one (21); and (b) you have the full power and authority to enter into these Terms.

By purchasing our Products, you further represent and warrant that you are not purchasing our Products for re-sale or distribution to persons under the age of twenty-one (21). We do not permit the use of our Products, whether directly or indirectly, to anyone under the age of twenty-one (21).

When you purchase our Products, you are required to sign up for a User Account. A “User Account” is your account on our Website, where you are required to provide necessary information about yourself including: your name, age, date of birth, contact information, address (both shipping and billing), payment information, and other personal information required by VIIA.

Your use of our Website involves the use of software and access to the internet. These system requirements may change from time to time. You acknowledge and agree that all system or internet requirements for our Products are your sole responsibility.

You are solely responsible for maintaining confidentiality of your password and account information and are responsible for all activity that takes place on your account. VIIA shall not, for any reason, be responsible for any use or misuse on your User Account. You are not permitted to give your account information to any third-parties. All purchases of Products on your account are your sole responsibility.

Section 4 – Purchasing Our Products and Orders.

Before submitting an order for our Products (referred to herein as an “Order”), you will be shown an Order confirmation screen describing the inclusions of your Order, as well as any applicable charges for taxes and shipping. It is your responsibility to ensure that everything looks as desired, including Products purchased, cost, shipping charges, shipping address, and any other information found within the Order.

We reserve the right, in our sole discretion, to refuse or cancel any order, including after being submitted. If your Order is refused or canceled after you have been charged, we will issue you a full refund.

We also reserve the right to alter or amend pricing of Products listed on our Website, with or without notice. If you have purchased our Products for a lower price than is currently reflected on our Website, we have no obligation to honor our previous price. Only prices listed on our Website at the time of purchase are active.

We cannot guarantee that the Products you order will be exactly as they appear on our Website. You acknowledge and agree that the photos shown on our Website are display photos and that the Products contained within your Order will vary from the photos shown on our Website.

Section 5 - Shipping Policy.

We offer free shipping for orders over $100 in the United States, and in some cases, the minimum order amount can change during promotional periods. Estimated shipping charges on orders under $100 will be shown at the time of purchase.

We ship Orders to the address provided by the customer, please make sure that you’re using your correct shipping address. Address changes can only be made before our shipping team has shipped out your Order. You will receive an email notification once your Order has been shipped. Please double check that your ship to address is correct.

Once the package has been picked up by UPS, it is the responsibility of the carrier to deliver the package. Please refer to the tracking number provided in the shipping confirmation email for details about your shipment and proof of delivery.

Our Products will be delivered to you by USPS, who is a third-party delivery company, and since the shipping of your Order can be impacted by many events beyond our control, we will not be responsible or liable for any damages, costs, or similar arising out of delivery of Products after the expected delivery date, even if you have ordered Express Priority Shipping. All dates provided for shipping are estimates only.

In addition, since our Products will be delivered to you by USPS, who is a third-party delivery company , risk of loss on your Products transfers to you when your Products are delivered to the third-party delivery company location or when the third-party delivery company physically picks up your Order from our location. This means that when we drop your Products off at USPS or when USPS physically picks up your Order, title passes to you then and our obligation to replace your Order due to error, loss, damage, or otherwise are then relinquished, subject to your purchase of our VIIA Shipping Insurance (as defined below). Since these third-party companies are not connected to VIIA and are independent third-parties, we will not be responsible or liable for any damages, costs, or similar arising out of damage or loss that result from the shipment of your Order, unless the issue was caused by VIIA (for example: shipping then incorrect products), subject to your purchase of our VIIA Insurance Policy

By providing your email address and/or cell phone number you hereby authorize VIIA Hemp Co. to send shipping confirmation and updates, and customer services inquiries about your order. Data and message rates may apply.

Packages are not shipped on weekends or holidays. Orders placed on weekends or holidays may experience delays.

Section 6 - Subscription Terms.

By enrolling in a subscription for one or more Products (herein a “Subscription”), you expressly acknowledge and agree that your Subscription is continuous until you cancel it or we suspend or terminate your Subscription.

The cost of a Subscription can be found on our Website at the time of your purchase. Each Subscription is recurrent and will automatically renew without any action by you in accordance with the Subscription you have signed up for. Each Subscription is unique to each Product that you wish to purchase under a Subscription; thus if you enroll in three (3) different subscriptions, each will be bound by the terms of this Section.

If you want to terminate your Subscription, you are required to contact VIIA prior to your order being processed by VIIA. If you cancel your Subscription after your order is processed by VIIA, you will be responsible for payment of that Subscription.

IF YOU ARE ENROLLED IN A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WILL BE CHARGED FOR YOUR SUBSCRIPTION IN ACCORDANCE WITH THE TERMS AND FREQUENCY OF YOUR SUBSCRIPTION. YOU EXPRESSLY ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT: (I) VIIA OR OUR THIRD-PARTY PROCESSOR ARE AUTHORIZED TO CHARGE YOU IN ACCORDANCE WITH YOUR SUBSCRIPTION TERM FOR AS LONG AS THE SUBSCRIPTION CONTINUES OR IS MODIFIED CONSISTENT WITH THESE TERMS; AND (II) YOUR SUBSCRIPTION WILL CONTINUE IN PERPETUITY UNLESS CANCELLED OR SUSPENDED. FAILURE TO KEEP A VALID PAYMENT METHOD OR FAILURE TO USE OUR SERVICES DOES NOT CONSTITUTE CANCELLATION OF A SUBSCRIPTION AND YOUR SUBSCRIPTION WILL CONTINUE UNTIL CANCELLED IN ACCORDANCE WITH THESE TERMS.

You are able to cancel your Subscription by providing written notice to us through your account or via email. Oral cancellation is not effective.

IF YOUR CANCELLATION OCCURS AFTER WE HAVE PROCESSED YOUR ORDER, YOUR CANCELLATION REQUEST WILL BE PROCESSED BEFORE THE NEXT SCHEDULED SUBSCRIPTION TERM. YOU ARE SOLELY RESPONSIBLE FOR ALL CHARGES, INCLUDING TAXES, INCURRED WITH RESPECT TO ANY SUBSCRIPTION PROCESSED PRIOR TO CANCELLATION. UNLESS OTHERWISE AGREED, NO PARTIAL SUBSCRIPTION OR PAYMENT TERMS SHALL BE PERMITTED UNDER THESE TERMS.

Cancellation does not alter any payment obligations incurred prior to termination.

Section 7 –Terms of Sale and Payment.

Pricing for our Products are shown on our Website at the time of purchase. All prices shown for our Products are shown in U.S. Dollars. VIIA reserves the right to change prices at any time, with or without notice, prior to your purchase.

When you provide payment information, you represent and warrant that the information you provide is accurate and that you are authorized to use the payment method provided. By providing a credit or debit card, you represent and warrant that you authorize us or our third-party payment processing company to charge your payment method for all charges you incur in connection with your purchase of our Products. You agree that you are responsible to pay for and will pay for all such charges.

All monies owed are due and payable at the time of purchase. All unpaid monies owed to VIIA will accrue interest at three percent (3%) per month until paid in full.

At any time after failure to pay, VIIA can transfer your invoice, account, and any past-due payments to a collection agency or attorney. If any past-due payments are transferred to a collection agency or attorney, VIIA shall be entitled to recover all costs and fees in collecting your past-due balance, including all reasonable attorneys’ fees.

No chargebacks of any kind are permitted once you have purchases one of our Products.

If you charge back a payment made to VIIA and VIIA wins the dispute, you agree to pay a five-hundred-dollar ($500.00) administrative fee which is not a penalty but is instead ‘liquidated damages’ based on the estimated time, energy, and costs (labor) required to deal with your chargeback. You agree that these liquidated damages are reasonable and were negotiated by you and agreed to prior to agreeing to these Terms.

Section 8 – Refund, Return, and Cancellation Policy.

Our full return policy is found on our Website at https://viiahemp.com/pages/shipping-return-policy.

Please be aware that, unless as expressly set forth herein, we are not obligated you to refund any monies paid as a result of your dissatisfaction with our Products or a desired outcome from using our Products.

Section 9 – Insurance on your Order.

To provide you with peace of mind with your Order, we offer “VIIA Shipping Insurance” for an additional charge of 3.5% of your Order total. The VIAA Shipping Insurance is an add-on, can be purchased at the time of placing your Order, and is not included in your Order without opting in. By opting for VIIA Shipping Insurance, your package is protected against loss or damage during transit.

If you do not purchase the VIIA Shipping Insurance, if your product is lost, damaged, or otherwise, we will not be responsible for providing you with a new Order, which you will need to re-order, if you would like your Products.

Section 10 – Ownership of Intellectual Property.

The contents of our Website are protected by United States and international copyright laws. These materials and other content are owned exclusively by VIIA or licensed to us. You may not, and may not cause or encourage others to, reproduce, distribute, display, sell, transfer, assign, license, or use for commercial purposes any copyrighted material without our prior written consent. All rights not expressly granted in these Terms are reserved to VIIA.

VIIA and its name, logos, slogans, or otherwise are trademarks or service marks ("Marks") of VIIA. All rights in these Marks are reserved by VIIA. You may not use any VIIA-provided Marks or other logos or graphics, without our prior written consent.

We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of our Website. This limited license does not include the right to: (a) republish, redistribute, transmit, sell, license, or commercialize these materials in any manner except in connection with the regular use of our Products, as outlined herein; or (b) modify, reverse engineer, or create any derivative works based upon any of our content or Products.

Any unauthorized use by you of our content or materials will give us the right to terminate your access to our Website.

Section 11 – Consent to Receive Electronic Communications.

By creating a User Account or purchasing one or more of our Products and providing us your contact information, you explicitly consent to receive marketing and other electronic communications related to your Order, deals, specials, promotions, products, or future products.

If you agree to subscribe to our mailing list, you will receive our latest news and updates. You may unsubscribe at any time by using the link at the bottom of our emails or via any of the contact methods listed on our Website.

You are able to terminate this consent in accordance with our Privacy Policy.

Section 12 – Third Party Websites.

Our Website may contain links to third-party websites or services that are not owned or controlled by us. VIIA has no control over, and assumes no responsibility for, the content, privacy policies, or business practices of any third-party companies or persons. We strongly encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

By using our Website, you expressly waive VIIA, our employees, agents, owners, and principals from all liability arising from your use of any content, plans, or services provided by third-parties.

Section 13 – Community Guidelines.

Section 14 – Term & Errors.

These Terms will remain active and in full force and effect so long as they are posted on our Website.

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, at any time.

Section 15 – Disclaimers.

OUR WEBSITE AND OUR PRODUCTS ARE PROVIDED 'AS IS' AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, VIIA AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, THIRD PARTY PROVIDERS AND AFFILIATES, EXCLUDE ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.

WE EXPRESSLY DISCLAIM ANY LIABILITY FOR LOSS OR DAMAGE SUSTAINED BY YOU AS A RESULT OF USING OUR WEBSITE OR OUR PRODUCTS.

IF YOU ARE DISSATISFIED WITH OUR PRODUCTS, YOU ARE NOT REQUIRED TO CONTINUE TO USE OUR PRODUCTS. NO PART OF THE PURCHASE PRICE YOU PAY FOR OUR PRODUCTS IS TIED TO YOUR SATISFACTION WITH OUR PRODUCTS, UNLESS EXPRESSLY SET FORTH HEREIN.

Section 16 – Limitation of Liability.

WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE TOTAL AMOUNT VIIA RECEIVED IN CONNECTION WITH YOUR PRODUCTS. IF YOU HAVE NOT PURCHASED ONE OF OUR PRODUCTS, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE PURCHASE PRICE YOU HAVE PAID ON THE APPLICABLE ORDER.

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF OUR WEBSITE, OUR PRODUCTS, OR THESE TERMS MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

Section 17 – Indemnification.

You agree to defend, indemnify, and hold VIIA, its agents, employees, directors, officers, owners, etc. harmless for any loss, damages, or costs, including reasonable attorneys' fees, resulting from any claim, action, or demand arising from (i) your use or misuse of our Website or Products; (ii) your breach of these Terms; or (iii) breach of applicable law.

Section 18 – Privacy Policy.

Please refer to our Privacy Policy which includes information about how we collect, use, and disclose information about you.

In order to operate and provide you with the best customer experience on our Website, VIIA may collect certain information about you. You acknowledge and agree that when you use our Website, VIIA may use various automatic means, which include but are not limited to, cookies and web beacons, to collect information about your mobile device, computer, your use of our Website, and your purchase of our Products.

Most of our information uses relate to our general business purposes which include but are not limited to promotional and marketing purposes, improving our Products, and enhancing your use of our Website.

Our full Privacy Policy is shown at the bottom of our Website and is incorporated herein by reference as if fully set forth in this Section.

Section 19 – General Provisions.

Entire Agreement. These Terms contains the entire agreement between you and VIIA except for any Products-specific information found on our Website.

Waiver. The failure by VIIA to enforce any provision of these Terms shall not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with every provision of these Terms.

Assignment. You may not assign, pledge, delegate, or otherwise transfer any of your rights or obligations under these Terms without VIIA prior written consent.

Relationship. Nothing in these Terms shall create, or is intended to create an agency, employment, franchise, joint venture, or partnership relationship between you and VIIA.

Applicable Law/Dispute Resolution. These Terms shall be governed by the laws of the State of California. Except for non-payment by you, all other disputes arising from these Terms or your purchase of our Products shall be subject to mandatory binding arbitration in San Diego, California. VIIA and you agree that any such final decisions may be presented to a court of competent jurisdiction for purposes of being confirmed as a judgment enforceable under the law in which that party is domiciled or where their headquarters are located.

Class Action Waiver. To the extent permitted by applicable law, you and VIIA agree that any dispute arising out of these Terms or our Products is personal to you and VIIA and that any disputes, if any, will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of similar proceeding.

Severability. If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If an arbitrator or panel of arbitrators finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Section 20 – Questions.

If you have any questions or comments regarding these Terms, please feel free to contact us by email at hello@viiahemp.com.