Terms of Service
Website Terms of Use
Effective Date: August 8, 2025
Your use of the websites, services, platforms, and apps on which these terms reside, including each of their features (collectively, the “Website”), is subject to these Website Terms of Use (“Terms”). Please read these Terms carefully before using the Website. The Website is owned or controlled by Vyro (“Vyro”). The Website is intended for use by adults. Any use by anyone under eighteen (18) years of age must be with the full permission of their parent/legal guardian who accepts all Terms contained herein on behalf of such minor.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, BY ACCESSING THIS WEBSITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THIS WEBSITE, USING ANY INFORMATION, AND/OR SUBMITTING INFORMATION TO VYRO, YOU AGREE TO COMPLY WITH APPLICABLE LAWS AND FURTHER AGREE TO BE BOUND BY THE TERMS, CONDITIONS, POLICIES AND NOTICES CONTAINED UNDER THESE TERMS, INCLUDING, BUT NOT LIMITED TO, TERMS RELATED TO CONDUCTING THIS TRANSACTION ELECTRONICALLY, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND A CHOICE OF NEW YORK LAW (EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY SET FORTH HEREIN).
Please read these Terms carefully because they explain important information about your use of our Website. By using our Website, you agree to be bound by these Terms (including mandatory arbitration of disputes between us, instead of class actions or jury trials) and our Privacy Policy.
From time to time, and at any time, Vyro may update this Website and all or any portion of these Terms. Your use of this Website after Vyro posts any changes to these Terms constitutes your agreement to those changes from the date of such changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.
Unless otherwise prohibited by applicable law, Vyro may, in its sole discretion, and at any time, discontinue this Website or any part thereof, with or without notice, or may prevent your use of this Website with or without notice to you. You agree that you do not have any rights in this Website and that Vyro will have no liability to you if this Website is discontinued or your ability to access the Website or any content you may have posted on the Website is terminated. In addition, when using particular services, your transactions or services may be subject to additional terms and conditions applicable to such services which may be posted from time to time, and are incorporated into these Terms by reference. This may include policies for certain transactions. In the event of a conflict between such more specific terms and conditions applicable to such services and these Terms, the more specific terms and conditions shall control solely to the extent of such conflict solely in connection with such services.
1. Vyro Content
Content on this Website that is provided by Vyro or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, articles, data, code, videos and the compilation of the foregoing (“Vyro Content”) is the property of Vyro and its licensors, and is protected in the United States and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display, reproduce or use any Vyro Content located for use in any publications, in public performances, on websites other than this Website for any commercial purpose, in connection with products or services that are not those of Vyro, in any other manner that is likely to cause confusion, that disparages or discredits Vyro and/or its licensors, that dilutes the strength of Vyro’s or its licensor’s property, or that otherwise infringes Vyro’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Vyro Content or third party content that appears on this Website.
2. Use of the Website and Posting and Linking Policies
The following requirements apply to your use of the Website, including any submission of written posts or other materials provided by you (“ Client Content ”): (a) you will not use any electronic communication feature of the Website for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful or in violation of these Terms or any other rules (e.g., promotional rules) Vyro may provide you from time to time; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal information about other Clients or any other third party; (d) you will not use the Website for any commercial purpose not expressly approved by Vyro in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment, including but not limited to interference with the services or servers or networks connected to the Internet; (g) engage in data mining, scraping, AI/LLM-training or other unauthorized data collection and (h) you will not use the Website for fraudulent purposes.
Subject to these Terms, you further understand and agree that you have no ownership rights in or to any account you may have with Vyro, or other access to the Website or features therein. Vyro may suspend, cancel your account and delete all Client Content associated with your account at any time, and without notice, if Vyro determines that you have violated these Terms or a relevant law, or for any other reason. Vyro assumes no liability for any content or materials of any third parties (including you or any other Clients), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. Without limiting the foregoing, the Vyro will have the right (but not the obligation) to remove any content that violates these Terms or is deemed by us, in our sole discretion, to be otherwise objectionable, and reserves the right to permanently restrict access to the Website or a Client account.
By displaying, publishing, or otherwise posting any Client Content on or through the Website, you hereby grant to Vyro a non-exclusive, sub-licensable, worldwide, fully-paid, perpetual and irrevocable, and royalty free license to use, modify, publicly perform, publicly display, remove, delete, reproduce, and distribute such Client Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any Client Content, as well as the right to sublicense Client Content to third parties, including other Clients, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. In addition, you waive all moral rights in and to all Client Content that you display, publish, or otherwise post on or through the Website in favor of Vyro. You continue to retain all of your ownership rights in your Client Content, and you continue to have any right to use your Client Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Website and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and Vyro’s use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
You agree to indemnify, defend and hold Vyro, its parents, subsidiaries, and their respective affiliates, officers, directors, employees, shopping center owners, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your use of the Website, your violation of these Terms, including the posting policy above, or which arise from the use of Client Content you submitted, posted, or otherwise provided to Vyro or this Website.
The use of the Website on a mobile device requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require internet access, which must be obtained from your service provider. You are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Website, including without limitation administrative messages, service announcements, diagnostic data reports, and Website updates, from Vyro, your wireless service provider or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Website. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Website, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Website. Vyro may make available for download certain Website updates or upgrades to the Website to update, enhance, modify, or further develop the Website (“Website Updates”). Vyro may, at its discretion, automatically upload Website Updates to your device. You agree to accept these Website Updates, and to pay for any additional costs associated with receiving them. The Website and Website Updates are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Website and Website Updates. These laws include restrictions on destinations, end Clients, and end use.
3. Copyright Infringement
If you are a trademark or copyright owner and believe in good faith that materials on the Website violate your trademark or copyright rights, please send us a notification to copyright@vyro.com, requesting that Vyro remove such material or block access to it. Please include the following information, as required by the Digital Millennium Copyright Act (the “DMCA”).
Identify the copyrighted work(s) you claim is infringed.
Identify the material you claim is infringing the copyright(s), and provide enough information for us to reasonably locate that material.
Include a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).
Include the Claimant’s name, address, and telephone number(s), and email address (if available).
Include a statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or their agent or law.
Include a statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
You acknowledge that if you fail to provide substantially all of the information listed above, your notification may not be valid. Upon receipt of your written notice, we will investigate the allegation and remove or disable access to the complained-of material at our sole discretion.
We also will take reasonable steps to promptly notify the person who posted the subject material. We will give them the opportunity to send a counter-notification. A counter-notification must include the following, to be effective under the DMCA:
A physical or electronic signature of the person submitting the counter-notification;
Identification of the material that was removed or to which access was disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the material was removed or disabled due to mistake or misidentification of the material removed or disabled;
The name, address, email address and telephone number of the person submitting the counter-notification;
A statement that the person submitting the counter-notification consents to the jurisdiction of Federal District Court for his judicial district, or if the person is outside the United States, for any judicial district in which Vyro may be found, and that the person will accept service of process from the person who submitted the DMCA claim or his agent.
4. Accounts, Passwords, and Security
Certain areas of the Website may require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Website, or any features at all.
If the Website requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you may be asked to enter your name and valid e-mail address and choose a sufficiently strong password. It is your responsibility to select a secure password, and to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Vyro immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any Client ID, password, or other information which provides you access to the Website. Vyro is not 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. If you suspect your login credentials have been compromised, please notify us immediately. Vyro is not responsible for any delay in shutting down your account after you have reported a breach of security to us.
5. Site Transactions
If you choose to purchase any product, service, or merchandise that is made available through the Website (each, a “Transaction”), you will be asked to provide certain information relevant to your Transaction (e.g., your name, credit card number, billing address, expiration date, delivery or shipping information, etc.). You represent and warrant that you (i) have the legal right to use any credit card, debit card or other payment method that you use in connection with the Transaction and (ii) are either eighteen (18) years of age or older or the age of majority in your state of residence. By submitting Transaction information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. You understand and agree that you are charged at the time you place your order for products or services. You agree to pay all charges incurred by you, on your behalf, or by your account through the Website, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction.
All descriptions, images, features, specifications, products, and prices of products or services are subject to change at any time without notice in our sole discretion. The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available. The ability to purchase products and services may vary based on your location, and such restrictions may change without notice. We reserve the right, in our sole discretion, to refuse or cancel any order you place with us. Some instances that may result in your order being canceled include, but are not limited to, where a product has been mispriced; when payment or billing information cannot be confirmed; or where the product is no longer in our inventory or that of our third party fulfillment provider. In the event that we cancel an order, we will attempt to notify you by contacting the email, billing address and/or phone number provided at the time you placed the order. We reserve the right to limit the availability of or discontinue any product or service; impose conditions on the honoring of any offering or promotion; bar you from making or completing any or all transactions; or refuse to provide you with any product or service.
6. Disclaimer, Representations, and Limitations of Liability
VYRO MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OF THE FEATURES OF THIS WEBSITE, THE VYRO CONTENT, CLIENT CONTENT, OR ANY OTHER WEBSITE FEATURE, AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE. THE MATERIALS AND INFORMATION ON THE WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY. Vyro does not endorse, verify, evaluate or guarantee any information provided by Clients and nothing shall be considered as an endorsement, verification or guarantee of any Client Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Vyro without the prior review and written approval of Vyro.
The Internet may be subject to breaches of security. Vyro is not responsible for any resulting damage to any Client’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing Vyro any information or posting information to the Website. Vyro makes no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Website. This Website may be temporarily unavailable due to maintenance or malfunction of computer equipment.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS WEBSITE OR ANY INFORMATION OR SOFTWARE THEREIN. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES AND CONDITIONS THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, CUSTOM OR COMMON LAW ARE EXPRESSLY EXCLUDED FROM THESE TERMS, AND DO NOT APPLY WITH RESPECT TO THE WEBSITE AND ANY INFORMATION OR SOFTWARE CONTAINED THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL VYRO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL (INCLUDING LOST PROFITS) LOSS OR DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, NOR SHALL VYRO BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND VYRO’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS WEBSITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL VYRO OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, EVEN IF VYRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS), OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION OF DAMAGES MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF VYRO’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
ANY PRODUCTS OR SERVICES DESCRIBED ON THE WEBSITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE WEBSITE IS NOT AN OFFER OR SOLICITATION BY ANYONE TO ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
7. Third Party Websites, Applications, and Services
This Website may hyperlink to other third-party services, websites, applications, software, and other content from third-party providers such as social media partners, wireless carriers, and third-party software application developers (“ Third-Party Services ”). Third-Party Services are not maintained by or related to Vyro. Hyperlinks are provided as a convenience to Clients and are not sponsored by or affiliated with this Website or Vyro, and Vyro makes no representations or warranties about the content, completeness, or accuracy of those Third-Party Services. Vyro is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties.
Information you submit through a Third-Party Service is subject to the terms of that Third-Party Service’s privacy policy, and Vyro has no control over how information through a Third-Party Service is collected, used, or otherwise handled. Clients who utilize Third-Party Services should be aware that account and other personal information held by those third parties may be transmitted through and stored on servers and/or applications located in the United States and elsewhere. You understand and agree that the companies that provide the Third-Party Services may access, use and share certain information about you, if you use the Third-Party Services. You understand and agree Vyro is not responsible for these companies, or their use of any of the information you submit through a Third-Party Service. Your use of the Third-Party Services is at your own risk.
8. Additional Terms Applicable to Third Party Providers
The following additional terms and conditions are applicable with respect to your use of a third party Website to access and download the Website or any subsequent updates thereto, such as Apple, Inc., Amazon.com, Inc., Google, Inc., or any other similar third party “app store” or Website (each a “Provider”):
1. You acknowledge and agree that (A) these Terms are binding between you and Vyro only, and the Providers are not a party to these Terms, and (B) as between Vyro and such Provider, it is Vyro that is responsible for the mobile application and the content thereof. You must use the Provider’s mobile application only on such Provider-branded product that runs the third party Website. Your use of the mobile application must comply with the terms of use applicable to the Provider source from which you obtain it. You acknowledge that the Provider has no obligation to furnish you with any maintenance and support services with respect to the mobile application.
2. You acknowledge that the Provider is not responsible for addressing any claims you have or any claims of any third party relating to the mobile application or your possession and use of the mobile application, including, but not limited to: (A) product warranty or liability claims; (B) any claim that the mobile application fails to conform to any applicable legal or regulatory requirement; (C) claims arising under consumer protection or similar legislation; or (D) claims that the mobile application infringes a third party’s intellectual property rights, such that you will not hold such Provider responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
3. In the event of any failure of the Provider version of the mobile application to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify such Provider, and such Provider will refund the purchase price for the mobile application (if any) to you; to the maximum extent permitted by applicable law, such Provider will have no other warranty obligation whatsoever with respect to the mobile application, and, as between such Provider and Vyro, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Vyro’ responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit Vyro’s liability in this regard.
4. The Providers are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, such Providers will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof. There are no other third-party beneficiaries of the Terms.
9. Dispute Resolution
MANDATORY INFORMAL DISPUTE RESOLUTION PROCESS: If you have a “Dispute” (as defined below) with Vyro relating to these Terms, you shall first provide Vyro with written notice (“Notice”) sent to the following address privacy@vyro.com. A Notice must include all of the following: (1) a detailed description of the Dispute; (2) the nature and basis of the claim(s); (3) the nature and basis of the specific relief sought and a detailed calculation for that relief; and (4) information sufficient for Vyro to evaluate your claim. Any Notice you submit must be signed by you. You and we agree to negotiate in good faith in an effort to resolve any Dispute. This should lead to resolution, but if for some reason the Dispute is not resolved satisfactorily within sixty (60) days after receipt of a compliant Notice, you and we agree to the further dispute resolution provisions below. Both you and we agree that this informal dispute resolution process is mandatory and a condition precedent that must be satisfied before initiating any formal dispute resolution proceeding. Any applicable statute of limitations will be tolled for sixty (60) days from the time a fully compliant Notice is served on the other party unless the parties mutually agree to extend that period.
BINDING INDIVIDUAL ARBITRATION: You agree that the sole and exclusive forum and remedy for any and all disputes, actions, claims, or other controversies between you and Vyro that cannot be resolved informally and that relate in any way to or arise out of the Terms (“Dispute”) shall be final and binding arbitration. Dispute shall have the broadest possible meaning permitted by law.
You and we acknowledge that these Official Rules affect interstate commerce and that the Federal Arbitration Act (“FAA”) and federal arbitration law apply to arbitrations under these Official Rules (despite any other choice of law provision).
Arbitration under this Terms shall be administered by the American Arbitration Association (the “AAA”). The applicable AAA Consumer Arbitration Rules and AAA Mass Arbitration Supplementary Rules shall apply, as modified by these Official Rules. If you initiate arbitration, the applicable AAA rules will govern the payment of fees unless applicable law requires a different allocation of fees in order for this arbitration provision to be enforceable. If you are unable to pay your share of the AAA fees, we will consider a request to pay them on your behalf so long as you have fully complied with the informal dispute resolution process as set forth above.
The arbitration will be conducted before a sole neutral arbitrator who shall be located at or near the location where the arbitration will take place. The arbitration will be conducted at a location that is reasonably convenient for you.
The award of the arbitrator may require payment of the costs, fees, and/or expenses incurred by the prevailing party consistent with applicable law and the applicable AAA rules. The provisions of Fed. R. Civ. P. 68 may be applied by the arbitrator. The arbitrator shall be bound by these Official Rules as a court would and shall issue a reasoned, detailed decision explaining the essential findings and conclusions on which the award is based.
INDIVIDUAL RELIEF AND CLASS ACTION WAIVER: The parties agree that the arbitrator may award the same relief available in court provided that such relief (including declaratory or injunctive relief) shall only be in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim. YOU AGREE THAT YOU BRING CLAIMS AGAINST VYRO ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. FURTHER, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE ANY PERSON’S OR ENTITY’S CLAIMS WITH THOSE OF ANOTHER PERSON OR ENTITY AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. IF AFTER EXHAUSTION OF ALL APPEALS ANY OF THESE PROHIBITIONS ON NON-INDIVIDUALIZED RELIEF; CLASS, REPRESENTATIVE, COLLECTIVE, AND PRIVATE ATTORNEY GENERAL CLAIMS; AND CONSOLIDATION IS FOUND TO BE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR WITH RESPECT TO A PARTICULAR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR INJUNCTIVE RELIEF), THEN YOU AGREE THAT SUCH A CLAIM OR REQUEST FOR RELIEF SHALL BE DECIDED BY A COURT AFTER ALL OTHER CLAIMS AND REQUESTS FOR RELIEF ARE ARBITRATED.
ADDITIONAL PROCEDURES FOR MASS ARBITRATION FILINGS: If twenty-five (25) or more claimants submit Notices or attempt to file demands for arbitration raising similar claims and are represented by the same or coordinated counsel, all of the cases must be resolved in arbitration using the AAA Mass Arbitration Supplementary Rules in stages using staged bellwether proceedings if they are not resolved prior to arbitration as set forth above. The parties agree that the individual resolution of claims in arbitration might be delayed if they elect to pursue claims in connection with twenty-five (25) or more similar claims. In the first stage, the parties shall each select up to fifteen (15) cases per side (thirty (30) cases total) to be filed in arbitration and resolved individually in accordance with this arbitration provision, with each case assigned to a separate arbitrator unless the parties mutually agree otherwise. During this time, no other cases may be filed in arbitration, and AAA shall not accept or administer arbitrations commenced in violation of this provision. If the parties are unable to resolve the remaining cases after the conclusion of the first stage of bellwether proceedings, each side may then select up to another fifteen (15) cases per side (thirty (30) cases total) to be filed in arbitration and addressed individually in accordance with this arbitration provision. During this second stage, no other cases may be filed in arbitration or accepted or administered by the AAA. This process of staged bellwether proceedings (thirty (30) cases total in each set of bellwether proceedings as outlined above) shall continue until the parties are able to resolve all of the claims, either through arbitration or settlement. If these mass filing procedures apply, any statute of limitations applicable to the claims set forth will be tolled from the time the first cases are selected for bellwether proceedings until a given claim is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court shall have the authority to enforce this provision and, if necessary, to enjoin the filing or prosecution of arbitrations.
OPTING OUT OF ARBITRATION: IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY VYRO IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU FIRST HAD NOTICE OF THESE OFFICIAL RULES CONTAINING AN ARBITRATION PROVISION. THIS IS NOT A NEW OPT OUT RIGHT IF YOU WERE PREVIOUSLY BOUND BY AN ARBITRATION PROVISION. YOUR WRITTEN NOTIFICATION TO VYRO MUST BE SENT VIA E-MAIL TO PRIVACY@VYRO.COM. IT MUST INCLUDE YOUR NAME AND ADDRESS AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH VYRO THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR PARTICIPATION IN THIS TERMS. IF YOU HAVE PREVIOUSLY NOTIFIED VYRO OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN. ANY OPT OUT RECEIVED AFTER THE THIRTY (30) DAY TIME PERIOD WILL NOT BE VALID.
Notwithstanding any provision in these Terms to the contrary, the parties agree that if we make future changes to this arbitration provision, except for changes to the Notice address, you may reject such changes by sending us written notice within thirty (30) days of the change to Vyro at privacy@vyro.com. This is not an opt-out of arbitration altogether. By rejecting any future changes you are agreeing that you will arbitrate any Dispute in accordance with the language of this provision.
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND VYRO BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US TO THE FULLEST EXTENT PERMITTED BY LAW.
In no event shall any claim, action or proceeding by you related in any way to these Terms be instituted more than one (1) year after the cause of action arose to the fullest extent permitted by law.
10. Miscellaneous
Both you and Vyro acknowledge and agree that no partnership, joint venture or agency is formed and neither of you nor Vyro has the power or the authority to obligate or bind the other.
On certain areas of the Website, you may be given the ability to provide us with personal information. The use of information you have provided to Vyro, or that Vyro has collected and retained relating to your use of the Website, is governed by our Privacy Policy. By using the Website, you acknowledge you have read and understood the Vyro Privacy Policy. Please read the Privacy Policy for more information about Vyro’s information collection and use practices. To view Vyro’s Privacy Policy, click here.
The failure of Vyro to comply with these Terms because of an act of God, pandemics/epidemics, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial/territorial, or local governmental authorities or for any other reason beyond the reasonable control of Vyro, shall not be deemed a breach of these Terms.
Vyro may refer potential violations of law(s) or regulation(s) to authorities or other persons or entities that it deems appropriate, may cooperate in the investigation of any suspected criminal or civil wrongdoing, and will cooperate with authorities when required to do so by law, subpoena, or when the public and/or Vyro’s safety or rights are implicated. Vyro assumes no obligation to inform you that your information has been disclosed to any law enforcement or government agency or authority. If Vyro fails to act with respect to your breach or anyone else’s breach on any occasion, Vyro is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you and Vyro, accepted by you upon your use of the Website. Except as otherwise indicated in these Terms, these Terms constitute the entire agreement between you and Vyro regarding the use of the Website. By using the Website you represent that you are capable of entering into a binding agreement.