Terms of service

Effective Date: September 28, 2026

1. Introduction

Welcome to Peak Vital Living. The Website is operated by JFL Smith Enterprise LLC, doing business as Peak Vital Living ("Company", "we", "our", or "us"). These Terms of Service ("Terms") apply to your use of Peak-Vital.com and all related products and services (collectively, the "Services"). By accessing or using the Services, you agree to these Terms. If you do not agree, please discontinue use of the Services.

2. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Services. If you act for a business or other organization, you confirm that you have authority to accept these Terms on its behalf.

3. Accounts and Registration

3.1 Creating an Account

Some features may require an account. When registering, you agree to:

  • Submit information that is accurate, complete, and current.
  • Update your account details when necessary so they remain accurate.

3.2 Account Security

You are responsible for:

  • Keeping your username, password, and other login credentials confidential.
  • All activity performed through your account.
  • Promptly notifying us if you suspect unauthorized access or account activity.

4. Products, Orders, and Payment

4.1 Product Availability

Products displayed on the Website may be limited by inventory, location, or other circumstances. We may limit quantities or discontinue products without advance notice.

4.2 Product Pricing

Prices, descriptions, promotions, and availability may change at any time. We may correct typographical, pricing, inventory, or description errors, including after an order has been submitted.

4.3 Payment Information

  • Accepted Payment Methods: Visa, MasterCard, PayPal, Apple Pay, and Google Pay.
  • Payment Processor: Payments are processed through Shopify Payments or another authorized payment provider.
  • Billing Details: You agree to provide billing information that is accurate, complete, and authorized for use.

4.4 Order Review and Cancellation

Submitting an order does not guarantee acceptance. We may reject, limit, or cancel an order because of inventory issues, pricing or listing errors, suspected fraud, payment problems, shipping restrictions, or other legitimate business reasons.

5. Shipping and Delivery

5.1 Shipping Policy

Shipping methods, estimated delivery times, fees, and related procedures are described in our Shipping Policy.

5.2 Delivery Risk

Unless applicable law requires otherwise, responsibility for loss or damage passes to you when the order is delivered to the shipping carrier.

6. Returns and Refunds

Returns, exchanges, refunds, and eligible product conditions are governed by our Return and Refund Policy.

7. Intellectual Property

7.1 Ownership of Materials

Website materials, including text, product descriptions, photographs, graphics, logos, designs, software, and other content, belong to Peak Vital Living, JFL Smith Enterprise LLC, or the applicable content owner and may be protected by intellectual property laws.

7.2 Permitted Use

We provide you with a limited, personal, revocable, non-exclusive, and non-transferable right to access the Services for lawful personal use.

7.3 Restrictions

Unless we provide written permission, you may not:

  • Copy, reproduce, distribute, sell, modify, or commercially exploit any portion of the Services.
  • Use our name, trademarks, branding, or hidden website text in a way that suggests sponsorship or approval.
  • Remove copyright, trademark, or other ownership notices from Website materials.

8. User Content

8.1 Content You Submit

If you submit reviews, comments, photographs, messages, or other material through the Services ("User Content"), you grant us a non-exclusive, royalty-free, worldwide license to host, reproduce, adapt, publish, display, and use that content for operating, promoting, and improving the Services.

8.2 Content Standards

You agree not to submit User Content that:

  • Is unlawful, threatening, abusive, harassing, defamatory, deceptive, obscene, or invasive of another person's privacy.
  • Violates copyright, trademark, privacy, publicity, or other rights.
  • Contains malware, malicious code, unauthorized advertising, or solicitations.

9. Prohibited Conduct

You may not:

  • Break the Law: Use the Services in violation of applicable laws, regulations, or third-party rights.
  • Interfere with Operations: Overload, damage, disrupt, or attempt to compromise the Website, servers, or networks.
  • Access Without Permission: Attempt to access accounts, systems, data, or features that are not made available to you.
  • Misuse the Website: Use automated tools, scraping, impersonation, fraudulent activity, or other methods that improperly exploit the Services.

10. Disclaimers

10.1 Availability of Services

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, we disclaim warranties that are not expressly stated in these Terms.

10.2 No Guarantee

We do not promise that:

  • The Services will always be available, uninterrupted, secure, or error-free.
  • The information presented on the Website will always be complete, current, or accurate.
  • The Services will meet every individual requirement or produce a particular result.

11. Limitation of Liability

To the maximum extent permitted by law, JFL Smith Enterprise LLC, Peak Vital Living, and their owners, officers, employees, contractors, agents, and service providers will not be responsible for indirect, incidental, special, consequential, exemplary, or punitive damages resulting from:

  • Your access to or inability to access the Services.
  • Your purchase or use of products obtained through the Website.
  • Unauthorized access to systems, accounts, or information.
  • Errors, interruptions, delays, or cessation of Website transmissions.

12. Indemnification

You agree to defend, indemnify, and hold harmless JFL Smith Enterprise LLC, Peak Vital Living, and their affiliates, personnel, and service providers from claims, losses, liabilities, costs, and expenses arising from:

  • Your use of or access to the Services.
  • Your breach of these Terms.
  • Your violation of law or another person's rights.
  • Your User Content or other materials submitted through the Services.

13. Suspension and Termination

We may suspend or terminate your account or access to the Services at any time if we believe you have violated these Terms, created risk for the Company or other users, engaged in unlawful conduct, or used the Services improperly. Provisions that should reasonably continue after termination will remain effective.

14. Governing Law

These Terms are governed by the laws of the State of Alabama, without regard to conflict-of-law principles.

15. Dispute Resolution

Informal Resolution:

Before beginning a formal proceeding, the parties agree to make a good-faith effort to resolve the dispute informally. You may contact us at support@Peak-Vital.com within 30 days after the issue occurs.

Mediation and Arbitration:

If informal discussions do not resolve the dispute, the parties agree, where legally permitted, to resolve the matter through binding arbitration under the applicable rules of the American Arbitration Association. The arbitration will take place in Alabama unless the parties agree otherwise.

Individual Claims:

Disputes must be brought on an individual basis and may not be combined with claims brought by other customers in a class, collective, consolidated, or representative action, to the extent permitted by law.

Exceptions:

Either party may pursue an eligible matter in small claims court or seek court relief to protect intellectual property, confidential information, or prevent unauthorized use of the Services.

16. Changes to These Terms

We may revise these Terms when our Services, business practices, or legal obligations change. Updated Terms become effective when posted on the Website unless a later date is stated. Your continued use of the Services after an update constitutes acceptance of the revised Terms.

17. General Provisions

17.1 Severability

If a provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue in effect.

17.2 Entire Agreement

These Terms, together with any policies referenced here, represent the entire agreement between you and the Company concerning your use of the Services.

17.3 No Waiver

Our failure to enforce a provision of these Terms does not waive our right to enforce that provision later.

18. Contact Information

Questions about these Terms may be sent to:

  • Legal Entity: JFL Smith Enterprise LLC
  • Store Name: Peak Vital Living
  • Address: 2428 Saint James Lndg, Tuscaloosa, AL, 35406, United States
  • Email: support@Peak-Vital.com
  • Phone: 205-632-7158
  • Operating Time Zone: Central Standard Time (CST)