Terms of service

Terms of Service

Effective Date: May 7, 2026

 

 

1. Introduction

Welcome to FuVita Wellness LLC ("Company", "we", "our", "us"). These Terms of Service ("Terms") govern your access to and use of our website located at www.FuVitaWellness.com ("Website") and any related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.

 

 

2. Eligibility

By using the Services, you represent and warrant that you are at least 18 years old, and have the legal capacity to enter into these Terms. If you are using the Services on behalf of a company or other legal entity, you have the authority to bind that entity to these Terms.

 

 

3. Accounts and Registration

3.1 Account Creation

To access certain features of the Services, you may be required to create an account. You agree to:

  • Provide true, accurate, current, and complete information during the registration process.

  • Maintain and promptly update your account information to keep it accurate and current.

3.2 Account Responsibilities

You are responsible for:

  • Maintaining the confidentiality of your account login credentials.

  • All activities that occur under your account.

  • Notifying us immediately of any unauthorized use of your account.

 

 

4. Orders and Payment

4.1 Product Availability

All products listed on the Website are subject to availability. We reserve the right to limit the quantities of any products or services that we offer.

4.2 Pricing

Prices for our products are subject to change without notice. We are not liable for any price changes, modifications, or discontinuance of products.

4.3 Payment Terms

  • Accepted Payment Methods: Shopify, MasterCard, Visa, PayPal, Affirm

  • Payment Processing: Payments are processed securely through a 3rd party payment gateway.  We do not save your payment information on our servers.

  • Billing Information: You agree to provide current, complete, and accurate billing information.

4.4 Order Acceptance

We reserve the right to refuse or cancel any order for reasons including but not limited to:

  • Product or service availability.

  • Errors in the description or price of the product.

  • Suspected fraudulent or unauthorized transactions.

 

 

5. Shipping and Delivery

5.1 Shipping Policy

Please refer to our Shipping Policy for information on our shipping policy

5.2 Risk of Loss

All purchases are made pursuant to a shipment contract. Risk of loss and title for items pass to you upon our delivery to the carrier.

 

 

6. Returns and Refunds

Please refer to our Return and Refund Policy for information on returns, exchanges, and refunds.

 

 

7. Intellectual Property Rights

7.1 Ownership

All content on the Website, including text, graphics, logos, images, and software, is the property of FuVita Wellness or its content suppliers and is protected by intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes.

7.3 Restrictions

You agree not to:

  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission.

  • Use any meta tags or other hidden text using our name or trademarks without our express written consent.

 

 

8. User Content

8.1 Submissions

If you submit or post any content ("User Content") to the Services, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, and display such content.

8.2 Prohibited Content

You agree not to submit any User Content that:

  • Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy.

  • Infringes on any intellectual property or other proprietary rights of any party.

 

 

9. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Violating Laws and Rights: Use the Services for any illegal purpose or in violation of any local, state, national, or international law.

  • Disruption: Interfere with or disrupt the Services or servers or networks connected to the Services.

  • Unauthorized Access: Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services.

 

 

10. Disclaimers and Warranties

10.1 "AS IS" Basis

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. We make no warranties, expressed or implied, regarding the Services.

10.2 No Warranty

We do not warrant that:

  • The Services will meet your specific requirements.

  • The Services will be uninterrupted, timely, secure, or error-free.

  • The results obtained from the use of the Services will be accurate or reliable.

 

 

11. Limitation of Liability

In no event shall FuVita Wellness, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising from:

  • Your use or inability to use the Services.

  • Any unauthorized access to or use of our servers and/or any personal information stored therein.

  • Any interruption or cessation of transmission to or from the Services.

 

 

12. Indemnification

You agree to indemnify, defend, and hold harmless FuVita Wellness and its affiliates from any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

  • Your use of and access to the Services.

  • Your violation of any term of these Terms.

  • Your violation of any third-party right, including intellectual property or privacy rights.

 

 

13. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

 

 

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of Washington County, Oregon, without regard to its conflict of law provisions.

 

 

15. Dispute Resolution

Informal Dispute Resolution Required First

FuVita Wellness is committed to resolving customer concerns in a fair, professional, and timely manner. Before either party initiates arbitration, litigation, a chargeback, or any other formal dispute process, the customer agrees to first contact FuVita Wellness in writing and allow FuVita Wellness a reasonable opportunity to investigate and resolve the matter.

The customer’s written dispute notice must include:

  • Customer’s full name;

  • Order number;

  • Product purchased;

  • Delivery address;

  • Date of purchase;

  • Date of delivery, if applicable;

  • Description of the issue;

  • Photographs, videos, delivery records, inspection notes, or other supporting documents;

  • The specific resolution requested.

Dispute notices must be sent to:

Attention: FuVita Wellness Legal Dept.
 Business Address: 5441 S Macadam Ave, Suite R, Portland, Oregon 97229
 Email: support@fuvitawellness.com
 Phone: 1-360-670-0066
 Website: www.fuvitawellness.com

FuVita Wellness will review the dispute and make a good-faith effort to respond within a reasonable period after receiving the required information.

 

 

30-Day Good-Faith Resolution Period

The customer and FuVita Wellness agree to participate in a good-faith informal resolution process for at least 30 calendar days after FuVita Wellness receives the customer’s written dispute notice.

During this period, both parties agree to cooperate and provide reasonably necessary information, including but not limited to order confirmations, payment records, shipping records, freight carrier documents, delivery photographs, signed delivery receipts, product photographs, manufacturer communications, warranty documentation, return requests, cancellation records, and any other documents relevant to the dispute.

This informal resolution process applies to disputes involving, but not limited to:

  • Product damage;

  • Freight damage;

  • Delayed delivery;

  • Failed delivery;

  • Refused delivery;

  • Missing parts or accessories;

  • Product defects;

  • Warranty claims;

  • Manufacturer service issues;

  • Return eligibility;

  • Refund requests;

  • Cancellation requests;

  • Restocking fees;

  • Chargebacks;

  • Financing or payment disputes;

  • Disputes involving third-party manufacturers, suppliers, carriers, or service providers.

 

 

Binding Arbitration

To the fullest extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to the customer’s use of the FuVita Wellness website, purchase of products, product delivery, product condition, manufacturer warranty, return request, refund request, cancellation request, payment, financing, chargeback, communications with FuVita Wellness, or these Terms of Service shall be resolved by binding individual arbitration rather than in court.

The arbitration shall be administered by the American Arbitration Association, or another mutually agreed arbitration provider, under the applicable consumer arbitration rules then in effect. The American Arbitration Association publishes consumer arbitration rules, forms, and fee information for consumer disputes.

The arbitration may be conducted by telephone, video conference, written submissions, or another remote method unless the arbitrator determines that an in-person hearing is necessary. If an in-person hearing is required, it shall take place in Washington County, Oregon, unless applicable law requires a different location or the parties agree otherwise.

The arbitrator shall have authority to award the same individual remedies that a court could award under applicable law, including monetary damages, repair-related relief, replacement-related relief, refund-related relief, or other individual relief available under applicable law.

Small Claims Court Exception

Either party may bring an individual claim in small claims court if the claim qualifies under applicable law.

Nothing in this Dispute Resolution section prevents either party from filing an eligible individual claim in small claims court. For Oregon matters, small claims court generally applies to claims involving money or property valued at $10,000 or less.

No Class Actions or Representative Claims

To the fullest extent permitted by law, the customer and FuVita Wellness agree that all disputes shall be resolved only on an individual basis.

The customer and FuVita Wellness each waive the right to bring, participate in, or recover through any class action, collective action, consolidated action, private attorney general action, or other representative proceeding.

The arbitrator may not consolidate claims from multiple customers and may not preside over any class, collective, consolidated, or representative proceeding unless both parties expressly agree in writing.

 

 

Governing Law

These Terms of Service and any dispute arising out of or relating to a purchase from FuVita Wellness shall be governed by the laws of the State of Oregon, without regard to conflict-of-law principles, except where federal law or another state’s consumer protection law applies and cannot legally be waived.

 

 

Venue for Non-Arbitrable Claims

For any dispute that is not subject to arbitration and is not eligible for small claims court, the parties agree that the exclusive venue shall be the state or federal courts located in Oregon, including courts serving Washington County, Oregon, unless applicable law requires a different venue.

 

 

Chargebacks and Payment Disputes

Before initiating a chargeback, payment reversal, financing dispute, or payment processor claim, the customer agrees to first contact FuVita Wellness and participate in the informal dispute resolution process described above.

This allows FuVita Wellness the opportunity to review the order, payment records, shipping records, freight carrier records, delivery confirmation, signed delivery documents, manufacturer warranty information, return eligibility, refund eligibility, cancellation terms, and other relevant documentation.

If a customer initiates a chargeback or payment dispute before completing the informal resolution process, FuVita Wellness reserves the right to submit all relevant documentation to the payment processor, financing provider, bank, credit card company, or other applicable third party.

 

 

Product, Freight, and Manufacturer-Related Disputes

The customer understands that FuVita Wellness may sell and arrange shipment of high-ticket wellness products, including but not limited to massage chairs, cold plunge tanks, saunas, red light therapy devices, hot tubs, and related wellness equipment.

Because many products are shipped by third-party freight carriers and may be manufactured, warehoused, serviced, or warrantied by third-party manufacturers or suppliers, certain disputes may require investigation or participation by those third parties.

The customer agrees to reasonably cooperate with FuVita Wellness, manufacturers, suppliers, freight carriers, inspectors, warranty providers, and service providers when resolving disputes involving product damage, delivery condition, warranty claims, repair claims, replacement parts, missing parts, or return authorization.

Failure to provide requested documentation, photographs, videos, signed delivery records, inspection notes, or access to the product may delay or limit FuVita Wellness’s ability to resolve the dispute.

 

 

15. Changes to Terms

We reserve the right to modify or replace these Terms at any time. Changes will be effective immediately upon posting to the Website. It is your responsibility to review these Terms periodically.

 

 

16. Miscellaneous

17.1 Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in effect.

17.2 Entire Agreement

These Terms constitute the entire agreement between us regarding our Services and supersede any prior agreements.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

 

 

18. Contact Information

If you have any questions about these Terms, please contact us:

  • Company Name: FuVita Wellness

  • Address: 5441 S Macadam Ave, Suite R, Portland, Oregon 97239

  • Email:support@fuvitawellness.com

  • Phone: 360-670-0066

 

 

FuVita Wellness

5441 S Macadam Ave, Suite R, Portland, Oregon 97239