VitaWest Nutraceuticals (the “Company,” “we” or “us”) is in the business of selling customized vitamins and other supplements (the “Products”) through a website and associated web pages located at www.vitawestnutra.com (the “Site”). People who access the Site and/or purchase Products are referred to in these Terms and Conditions as a “Customer.” If you elect to become a Customer (or participate in the process of becoming a Customer even if you do not ultimately purchase any Products) you will be asked to provide the Company with certain personal information so we can create your Products. In order to ensure there is an understanding between you and us concerning your use of the Site, our Products and to memorialize that understanding, we have created these Terms and Conditions. These Terms and Conditions apply to you and all other Customers. If you choose to use the Site or purchase any of our Products, you will be agreeing to abide by all of these Terms and Conditions.
These Terms and Conditions create a legally binding agreement between you and the Company. We may change, add or remove portions of these Terms and Conditions at any time. If we do make any material changes to these Terms and Conditions, we will provide something on the Site to make you aware of such changes. If any of these terms and conditions or any future changes are unacceptable to you, do not use the site or the products. If you do continue to use the site or the products now, or following the posting of notice of any changes in these terms and conditions, that use will indicate your acceptance of and agreement to such modified terms and conditions.
In addition, when using particular Products, you may be subject to any additional terms, guidelines or rules applicable to such Products which are posted on the Site. All such additional terms, guidelines and rules are hereby incorporated by reference into these Terms and Conditions. Also, we may offer other Products from time to time that are governed by different terms. However, unless we otherwise specify, these Terms and Conditions shall control with respect to any such additional Products.
These terms and conditions shall constitute the entire agreement between you and the company and no additional or different terms or conditions will be binding upon the Company unless specifically agreed to in writing by an authorized representative of the Company. We hereby object to any additional or different provisions contained in any order or communication heretofore or hereafter received from you.
Legal Disclaimer and Limitation of Liability
The Products and the claims made about specific Products on or through the Site have not been evaluated by the United States Food and Drug Administration and are not intended to diagnose, treat, cure or prevent disease.
INFORMATION ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES AND IS NOT MEANT TO SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR OWN PHYSICIAN OR OTHER MEDICAL PROFESSIONAL. YOU AGREE TO KEEP YOUR HEALTH CARE PROFESSIONAL INFORMED ABOUT ANY DIETARY SUPPLEMENTS YOU ARE TAKING OR INTEND TO TAKE, INCLUDING OUR PRODUCTS. YOU SHALL NOT USE THE INFORMATION CONTAINED HEREIN FOR DIAGNOSING OR TREATING A HEALTH PROBLEM OR DISEASE, OR PRESCRIBING ANY MEDICATION. YOU SHALL READ CAREFULLY ALL PRODUCT PACKAGING AND FOLLOW ALL DIRECTIONS AND INSTRUCTIONS THEREIN CONTAINED. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, IMMEDIATELY CONTACT YOUR HEALTH CARE PROVIDER. YOU SHALL NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE VITAMINS AND SUPPLEMENTS YOU CHOOSE. WE DO NOT GUARANTY THAT OUR PRODUCTS ARE APPROPRIATE FOR EVERYONE, OR THAT THEY MEET YOUR PARTICULAR NEEDS OR THEY WILL PERFORM FOR YOU IN THE MANNER YOU EXPECT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO US FOR THE PRODUCTS.
UNDER THE LAWS OF SOME STATES, LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONS OF SOME KINDS OF DAMAGES ARE NOT PERMITTED. IF THESE LAWS APPLY TO YOU, THE ABOVE DISCLAIMER AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Pricing, Taxes and Charge
You are responsible for paying any sales, use or other taxes which may be related to your purchase of the Products. We reserve the right to change pricing and billing practices at any time. However, any such changes will be submitted to Customers prior to taking effect so Customers have the chance to modify or cancel their purchase Options. While you are using the Products, you will be billed for and will be obligated to pay for all applicable charges.
We own all intellectual property rights to the Site and all intellectual property rights relating to the Products, including, without limitation, all copyrights, patents, trademarks, logos, software, text, graphics and formulas. You agree not to use any such intellectual property without our prior written approval.
License and Access
We are granting you and all Customers a limited, non-transferable license to access and use the Site and the Products. You agree not to download (other than page caching) or modify the Site or any portion thereof, except with our prior express written consent. You are expressly prohibited from reselling or using for any commercial purpose the Products and the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site is for the personal use of our Customers only and may not be used for any commercial endeavors. Illegal and/or unauthorized use of the Site or the Products, including collecting usernames, email addresses or Customer content of other Customers by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Site or other purposes will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from posts or accounts without notice and may result in termination of your Customer privileges. We will take appropriate legal action for any illegal or unauthorized use of the Products. The Products, or any portion thereof, may not be reproduced, duplicated, altered, modified, copied, sold, resold or otherwise exploited for any commercial purpose without our prior express written consent. You may not frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information (including images, content, text, page layout, or form) or that of our other Customers, without our express prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our prior express written consent. Any unauthorized use terminates the permission or license granted to you hereunder. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to our Site so long as the link does not portray us or our Products or principals in a false, misleading, derogatory, or otherwise offensive manner. You may use our logo or other proprietary graphic or trademark as part of the link, subject to the above usage requirements. We may revoke your right to use our logo or link or any other intellectual property at any time and for any or no reason in our sole and absolute discretion.
You hereby agree to defend, indemnify and hold harmless the Company and its members, managers, officers, employees, agents and affiliates from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on: (i) a breach of any warranty, representation, covenant or obligation of yours under these Terms and Conditions; or (ii) any allegation that any Customer Content provided, uploaded, syndicated, linked to or authorized by or on behalf of you hereunder or our or any Customer’s use thereof violates or infringes the rights of another party. You will reimburse us on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section, provided that we attempt to obtain your written consent prior to making such payments, and such consent is not unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon our request. We shall have the right, at our expense, to participate in the defense thereof under your direction.
You agree to abide by the terms of these Terms and Conditions, and to not use the Site or Products to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of the Products; (ii) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (iii) collect or store personal data about other Customers; (iv) harass, abuse, or harm another person, or (v) in order to contact, advertise to, solicit, or sell to any other Customer without their prior explicit consent.
Without limiting our other remedies, we may immediately warn Customers of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Site and refuse to provide the Products to you if: (i) you breach these Terms and Conditions or any documents it incorporates by reference; (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, us or our Customers.
Applicable Law and Disputes
These Terms and Conditions and the relationship between you and the Company shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Illinois and County of Cook. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against the Company and its employees, officers, members, managers, agents, affiliates, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that the Company incurs in seeking such relief. These Terms and Conditions do not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement.
For International Customers
The Site is hosted in the United States of America (“U.S.”) and it and our Products are intended to be compliant only with U.S. laws and regulations. You agree that you will not access the Site or use the Products outside the U.S. You agree to not use the Site, or export any portion of the Site including the Customer Content or any Products in violation of U.S. export regulations. You are responsible for adhering to all relevant local and national laws wherever you are.
We respect the intellectual property of others, and we ask our Customers to do the same. If you believe that your intellectual property rights have been violated, please provide us notice containing the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property; (ii) a description of the intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to Company at:
Phone: (888) 557-8012
email: [email protected]
Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed.
(ii) The failure of Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
(iii) If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.
(iv) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Products or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(v) The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.