Terms of Service

Last Revised April 9, 2026

These Terms of Service (“Terms”) govern your access to and use of the website located at vsl3.com (the “Site”), including any content, features, accounts, subscriptions, purchases, and other services made available through the Site. The Site is owned and operated by Actial Nutrition, Inc. (“Actial,” “VSL,” “we,” “us,” or “our”).

By accessing or using the Site, creating an account, enrolling in a subscription, or placing an order, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Site.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS.

1. Eligibility and Use of the Site

You may use the Site only for lawful purposes and in compliance with these Terms. By using the Site, you represent that you are at least 18 years old or are using the Site under the supervision of a parent or legal guardian.

You may not use the Site or its content for any unlawful, fraudulent, abusive, or unauthorized purpose, including interfering with Site operations, attempting to gain unauthorized access to systems or accounts, transmitting malicious code, scraping or data mining the Site, or using the Site to market or resell products without our written consent.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use of the Site, or access to the Site without express written permission by Actial.

We may suspend, restrict, or terminate your access to the Site at any time if we believe you have violated these Terms or applicable law.

2. Products and Orders

The Site offers probiotic products, including dietary supplements and medical foods, for purchase in the United States. Except as may be specifically indicated for a product that is lawfully marketed as a medical food for dietary management under the supervision of a physician, our products are not drugs and are not intended to diagnose, treat, cure, or prevent any disease. Information provided on the Site is for general informational purposes only and is not medical advice. All products are subject to availability, and we reserve the right to modify, discontinue, limit, or refuse any product, order, subscription, promotion, or feature at any time.

Because our products may not be appropriate for every individual, you should consult your physician or other qualified healthcare provider before using any product, particularly if you are pregnant, nursing, immunocompromised, have a medical condition, are taking medication, are considering use for an infant or child, or intend to use a medical food without physician supervision.

Individual responses to our products may vary. Except to the extent required by applicable law, we do not guarantee that any product will be suitable for you or that you will experience any particular health, digestive, nutritional, or other result from use.

If you experience discomfort, an adverse event, or any unexpected reaction, discontinue use and contact your physician or other qualified healthcare provider promptly.

We may limit or cancel quantities purchased per person, household, address, payment method, or order. We also reserve the right to refuse or cancel any order that appears, in our judgment, to be placed by dealers, resellers, or distributors, or that otherwise violates these Terms.

You agree to provide current, complete, and accurate billing, shipping, payment, and account information and to promptly update such information as needed.

3. Privacy Policy

Your submission of personal information through the Site is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy carefully to understand how we collect, use, disclose, and otherwise process personal information.

4. Pricing, Payment, and Site Errors

All prices are listed in U.S. dollars unless otherwise stated. Prices, promotions, product availability, shipping terms, and other purchase terms may change at any time without notice.

The strike through or listed price represents a price at which Actial previously offered the product, or a comparable product, in our stores or online, recently or in a past season or year, or the value of a similar item in the market. It may not represent the price in effect in our stores or online or elsewhere in the market on any particular day or in every location. You acknowledge and understand that the strike through or listed price may not represent the prevailing price in the market for any given time frame.

We reserve the right to correct typographical errors, inaccuracies, or omissions relating to pricing, promotions, offers, product descriptions, shipping charges, availability, and other Site content, and to cancel or refuse orders arising from such errors, including after an order has been submitted.

5. Subscriptions and Automatic Renewal

Actial’s subscription policy is detailed here - https://www.vsl3.com/pages/subscription-policy - and incorporated by reference.

If you enroll in a subscription program, you authorize recurring charges to your selected payment method at the applicable subscription rate and frequency until you cancel. Your subscription will automatically renew unless and until canceled in accordance with the subscription policy. To avoid being charged for the next renewal term, you must cancel before your next renewal is processed, as further described in the subscription policy.

By opting into any text program, you expressly consent to receive recurring marketing and/or transactional text messages that may be sent using an automatic telephone dialing system, by or on behalf of Actial. Message and data rates may apply. You acknowledge and agree that you may receive text messages, as a part of the program, any time throughout the day (e.g., before 8 am or after 8 pm, your local time).

We may change subscription pricing or terms on a going-forward basis as permitted by law. If required by law, we will provide advance notice of material subscription changes.

6. Shipping, Refunds, and Returns

Actial’s shipping policy is detailed here - https://www.vsl3.com/pages/shipping-information - and incorporated by reference. Shipping times are estimates only and are not guaranteed. Risk of loss and title transfer to you upon our delivery of the order to the carrier, except as otherwise required by applicable law.

Actial’s refund and return policy is detailed here - https://www.vsl3.com/pages/return-policy - and incorporated by reference. Returns, refunds, replacements, and claims for missing, damaged, or incorrect products remain subject to the applicable policy terms and may require supporting information.

7. Accounts

You may be required to create an account to access certain features of the Site. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You agree to notify us promptly at support@vsl3.com of any unauthorized access to or use of your account. We are not responsible for losses arising from unauthorized use of your account unless caused by our failure to use reasonable security measures required by law.

8. Intellectual Property

The Site and all content made available through it, including text, graphics, logos, icons, images, product names, product packaging, designs, videos, audio, software, and other materials, together with all copyrights, trademarks, trade dress, and other intellectual property rights therein, are owned by or licensed to Actial or its licensors.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Site for your personal, non-commercial use only. You may not reproduce, distribute, modify, display, create derivative works from, sell, exploit, scrape, or otherwise use any part of the Site or its content except as expressly permitted by us in writing.

Actial respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our DMCA Designated Agent at jake@buschiplaw.com.

9. User Content and Reviews

If you submit or post reviews, comments, photos, testimonials, feedback, or other materials through the Site or otherwise provide them to us (“User Content”), you represent that you own or control all necessary rights to that User Content and that it does not violate any law or third-party right.

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, publish, distribute, display, and otherwise exploit that User Content in any media for any lawful business purpose, including marketing and promotional purposes, without compensation to you.

We may, but are not obligated to, monitor, remove, or refuse User Content in our discretion.

10. Third-Party Services and Links

The Site may contain links to third-party websites, applications, tools, or services that we do not own or control. We are not responsible for the content, terms, privacy practices, accuracy, legality, or availability of any third-party services.

Your use of third-party services is at your own risk and may be governed by separate terms and policies.

11. Disclaimer of Warranties

THE SITE, ITS CONTENT, AND ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACTIAL DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT PRODUCT OR SITE INFORMATION WILL BE COMPLETE, ACCURATE, OR CURRENT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACTIAL AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ACTIAL FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, THESE TERMS, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO ACTIAL FOR THE APPLICABLE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM, OR (B) $100.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13. Changes to These Terms

Actial may update or modify these Terms from time to time by posting the revised version on the Site and updating the Last Revised date above. Your continued use of the Site following the posting of any changes constitutes your acceptance of those changes.

14. Indemnification

You agree to indemnify, defend and hold harmless, Actial and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms or your use of the Site or products, including, but not limited to your user submissions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right, or use of any information obtained from this Site.

15. Governing Law; Arbitration; Class Action and Jury Trial Waiver

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Actial agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), You shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and 30 days in which to respond to or settle the Dispute. Notice shall be sent to [Need address here]. You agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute must be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

You may begin an arbitration proceeding by sending a letter requesting arbitration to: [Need address here].

You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA's website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable rules. Actial will reimburse those fees for claims totaling less than $10,000 if the arbitrator rules in your favor on any material aspect of your claim. Actial waives its right to seek attorneys' fees and costs in arbitration. However, if your claim is deemed by the arbitrator to be frivolous or brought in bad faith or with an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11, then the arbitrator may award Actial the reimbursement of its costs and arbitration fees against you and/or your counsel. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. You further agree that if your arbitration claim is filed at or around the time of other similar claims by the same or related counsel, you agree that your claim may be temporarily stayed or phased to allow the AAA to establish efficient and fair adjudication procedures.

In lieu of arbitration, you may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. Also, even if all parties have opted to litigate a claim in court, you or Actial may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.

YOU AND ACTIAL ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATURORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND ACTIAL (INCLUDING ACTIAL’S PARAENT, AFFILIATES, AND/OR SUBSIDIARY) ARISING FROM YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

You agree to an arbitration on an individual basis. NEITHER YOU NOR ACTIAL WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may be raised in a court of competent jurisdiction.

TO THE FULLEST EXTENT PROVIDED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE PRODUCTS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

This arbitration agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the arbitration agreement provisions shall survive after this Agreement terminates or your use of the Sites ends. Except as set forth above, if any portion of this arbitration agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the arbitration agreement.

These Terms are governed by the laws of the United States and the state in which you reside (for U.S. residences), without regard to any conflict of law provisions. Any arbitration proceedings enacted in accordance with these Terms and arbitration agreement shall be conducted within the jurisdiction (i.e., state) where you reside. The waiver of any provision of the Terms shall not be considered a waiver of any other provision or of Actial’s right to require strict observance of each of the Terms herein.

16. Severability

In the event that any provision of these Terms is determined to be unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

17. Termination

With the exception of the arbitration agreement, which shall survive the termination of these Terms, these Terms are effective unless and until terminated by either you or Actial. You may terminate this agreement at any time. Actial also may terminate this agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any provision of these Terms. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

18. Entire Agreement

The failure of Actial to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Site or in respect to the Service constitute the entire agreement and understanding between you and Actial and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Actial (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

19. Contact Information

Actial Nutrition Inc.

808 S. Public Rd.

Suite 202

Lafayette, CO 80026

support@vsl3.com