Terms of Service
Last Updated November 10, 2015.
These Terms of Service (“Terms”) apply to websites, mobile applications, and any other digital media owned and/or operated by vitafive, LLC (“vitafive”, “we”, “us” or “our”) and govern your use of certain vitafive digital products, including this website, located at www.vitafive.com (the “Site”), mobile versions of the Site, downloadable mobile applications, services that allow you to submit content to us, as well as vitafive accounts on social media platforms, including, but not limited to, Facebook, Twitter, and Instagram (collectively, the “Services”). Any new services made available to you by us that enhance or modify the current Site or Services will also be subject to these Terms.
vitafive provides users (“Users” or “you”) of the Site and Services with a platform for purchasing customized vitamins and other supplements (the “Products”). You must provide vitafive with certain personal information to create your personal Products. These Terms set out the legally binding terms between you and vitafive. These Terms apply to all Users of the Site, Services and/or Products, including Users who submit any content, information or other materials on or through the Site or Services. By accessing, browsing or using the Site, Services or Products, you accept, without limitation or qualification, the terms, conditions, policies and notices contained on this page (the “Terms”) including, but not limited to, conducting this transaction electronically, disclaimer of warranties, damage and remedy exclusions and limitations, and a choice of Texas law.
vitafive may at any time revise these Terms by updating this posting and may also make changes to the content, links or functionality of the Site or the Services at any time. You are bound by any revisions and should therefore periodically visit this page to review the Terms to which you are bound.
BY ACCESSING, BROWSING OR USING THIS SITE, THE SERVICES OR THE PRODUCTS, YOU AGREE TO ACCEPT AND BE LEGALLY BOUND BY THESE TERMS AND OUR OTHER POLICIES. IF YOU DO NOT ACCEPT EACH OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS WITHOUT LIMITATION, PLEASE DO NOT USE THE SITE, THE SERVICES OR THE PRODUCTS. THESE TERMS SUPERSEDE ANY OTHER AGREEMENTS YOU MAY HAVE WITH VITAFIVE REGARDING THIS SUBJECT MATTER. WE RESERVE THE RIGHT TO CHANGE THE TERMS AT ANY TIME. WE WILL POST THE REVISED TERMS ON THE SITE AND/OR SERVICES AND UPDATE THE “LAST UPDATED” DATE TO REFLECT THE EFFECTIVE DATE OF THE CHANGES. YOUR CONTINUED VIEWING, BROWSING, USE OR ACCESS OF THE SITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS.
vitafive may, in its sole discretion, and at any time, discontinue this Site, the Services, the Products, or any part thereof, with or without notice, or may prevent your use of this Site or the Services with or without notice to you. You agree that you do not have any rights in this Site or the Services and that vitafive will have no liability to you if this Site, the Services or the Products are discontinued or your ability to access the Site or the Services or any content you may have posted on or through the Site or the Services is terminated. Upon the termination of this agreement, you shall cease all use of the Site and the Services. You further agree that vitafive will not be liable for any modification or suspension of the Site, the Services or the Products.
In addition, when using particular vitafive Products, you and vitafive shall be subject to any additional terms, guidelines or rules applicable to such Products, which may be posted from time to time on the Site or the Services. All such additional terms, guidelines and rules are hereby incorporated by reference into these Terms. vitafive may offer other products or services from time to time that are governed by different terms than those governing the Products.
- Disclaimer and Limitation of Liability
YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK. THE PRODUCTS AND THE CLAIMS MADE ABOUT SPECIFIC PRODUCTS ON OR THROUGH THIS SITE OR THE SERVICES HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. THE PRODUCTS ARE NOT INTENDED TO TREAT, CURE, OR PREVENT ANY DISEASE. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE PRODUCTS YOU CHOOSE.
INFORMATION ON THIS SITE AND THE SERVICES IS PROVIDED FOR INFORMATIONAL PURPOSES AND IS NOT MEANT TO SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL OR ANY INFORMATION CONTAINED ON OR IN ANY PRODUCT LABEL OR PACKAGING. YOU AGREE TO KEEP YOUR HEALTH CARE PRACTITIONER INFORMED ABOUT VITAMINS AND DIETARY SUPPLEMENTS YOU ARE TAKING OR INTEND TO TAKE. YOU SHALL NOT USE THE INFORMATION CONTAINED ON THE SITE, THE SERVICES OR THE PRODUCTS FOR DIAGNOSING OR TREATING A HEALTH PROBLEM OR DISEASE, OR PRESCRIBING ANY MEDICATION. YOU SHALL READ CAREFULLY ALL PRODUCT PACKAGING. YOU SHOULD CONSULT WITH A HEALTHCARE PROFESSIONAL BEFORE STARTING ANY DIET, EXERCISE OR SUPPLEMENTATION PROGRAM; BEFORE TAKING ANY MEDICATION; OR IF YOU HAVE OR SUSPECT YOU MIGHT HAVE A HEALTH PROBLEM. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, YOU SHALL PROMPTLY CONTACT YOUR HEALTH CARE PROVIDER. YOU SHALL NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE, THE SERVICES OR THE PRODUCTS.
VITAFIVE DOES NOT WARRANT THAT THE PRODUCTS ARE APPROPRIATE FOR EVERYONE, OR THAT THEY MEET YOUR PARTICULAR NEEDS. EXCEPT AS PROVIDED IN ANY AGREEMENT WITH YOU, VITAFIVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SITE, THE SERVICES 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 APPLICABLE LAW, VITAFIVE SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF VITAFIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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.
THE VIEWS EXPRESSED ON OR THROUGH THE SITE AND THE SERVICES OR ON OR IN CONNECTION WITH THE PRODUCTS ARE NOT NECESSARILY THE VIEWS OF VITAFIVE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY OPINION, ADVICE, STATEMENT, OR INFORMATION AVAILABLE ON THE SITE, THE SERVICES OR THE PRODUCTS IS AT YOUR SOLE RISK. THE SITE, THE SERVICES AND THE PRODUCTS CONTAIN VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS, AND VITAFIVE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CORRECTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE, THE SERVICES OR THE PRODUCTS. VITAFIVE MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY MATERIALS ON THE SITE, THE SERVICES OR THE PRODUCTS AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
- Recurring Delivery Plans
vitafive offers various plans that provide Users with the ability to purchase Predetermined Vitapack Products or Custom Vitapack Products on an automatic, recurring monthly basis as described on the Site. All such plans for purchasing the Products shall be referred to herein, individually and collectively, as “Plan(s).”
By enrolling in a Plan, you acknowledge that your Plan has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Plans are automatically renewed and billed to your credit card on a monthly basis, at the then-current Plan rate, until cancelled. If you order additional Products in any given month, you will be charged additional amounts for those Products. Products will be shipped after payments have been received. Payments are non-refundable.
vitafive may change the billing practices and pricing for any Product or Plan (from time to time in its sole discretion) by updating the Site and without any additional notice to you, although vitafive will endeavor to submit any such changes will be submitted to Users with Plans prior to such changes taking effect. Failure to use the Products or your Plan shall not constitute a basis for refusing charges.
You hereby authorize vitafive to bill your credit card as described above. Fees are exclusive of all taxes and shipping, and you are responsible for paying any sales, use or other taxes and shipping charges which may be related to your Plan and/or the Products. Any amounts not paid when due shall bear interest at the rate of 1.5% per month, or the maximum legal rate if less. If any fee cannot be charged to your credit card for any reason, vitafive may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within seven (7) days after receiving such notice of non-payment, then vitafive may immediately terminate the applicable Plan.
vitafive Products and Plans are available for United States shipping addresses only.
Plan Cancellation or Changes
Subject to the provisions of these Terms, you may upgrade, downgrade, or cancel your Plan online, by calling vitafive at 1-844-848-2555. vitafive will be entitled to rely on a notice of cancellation that appears legitimate and cancel service on that basis. No refunds are available upon cancellation. vitafive ‘s sole responsibility for improper cancellation is limited to reinstating your Plan.
You may cancel Custom Vitapack Plans with two business days’ notice before the next monthly renewal date.
You may cancel Predetermined Vitapack Plans with two weeks’ notice before the next monthly renewal date.
If you cancel your membership before your second box is sent and after taking part of our “first month free” offer then vitafive reserves the right to charge you full amount on the first free month we originally sent you.
Sales of Products and Plans to End Users Only
vitafive sells Products from the Site to end-user customers who purchase Products or Plans to receive the Products only for their own personal, non-commercial use. You may not purchase Products or Plans for further distribution or resale or for any other commercial or business purpose. Products and Plans and all rights and privileges conferred are personal and non-transferable.
- Intellectual Property
The content or other materials on the Site or the Services, including, but not limited to, all text, audio, images and other materials or elements (collectively the “Content”) are owned and copyrighted by vitafive and its licensors with all rights reserved. Assume that everything you see or read on the Site or the Services is protected by copyright and owned by vitafive unless otherwise noted, and may not be used except as expressly provided in these Terms without vitafive’s prior written permission. vitafive does not warrant or represent that your use of Content displayed on the Site or the Services will not infringe the rights of third parties not owned by or affiliated with vitafive.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site or the Services are registered and unregistered Trademarks owned by vitafive or other third parties. Nothing contained on the Site or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or the Services without the written permission of vitafive or such third party that may own the Trademarks displayed on the Site or the Services. Your use of the Trademarks or any other content on the Site or the Services is strictly prohibited, except as specifically authorized in these Terms.
- License and Access
vitafive grants you a limited license to access and make personal use of the Site, the Services and the Products. You agree not to download (other than page caching) or modify the Site or the Services, or any portion thereof, except with express written consent of vitafive. This license does not include any resale or commercial use of the Products, 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 and the Services are for the personal use of Users only and may not be used for any commercial endeavors except those may be specifically endorsed or approved by the management of vitafive from time to time.
You may download material on the Site or the Services only for personal, non-commercial use, and you must retain all copyright and other proprietary notices contained in the materials. Notwithstanding the foregoing, you may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, re-post, create derivative works from, transfer, sell or otherwise use the content (as defined below) of the Site or the Services, including the text, images, audio, or video, for any purposes, without vitafive’s prior written permission.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, content, text, page layout, or form) of vitafive and our affiliates or other Users without express written consent, except as otherwise provided and made available through the Products. You may not use any meta tags or any other “hidden text” utilizing vitafive’s name or trademarks without the express written consent of vitafive. Any unauthorized use terminates the permission or license granted by vitafive. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to vitafive so long as the link does not portray vitafive, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.
- Account, Password, and Security
To use the Site or the Services or make a purchase, you may be required to create a user account. In registering, you affirm you are at least 18 years of age and that the information you provide is complete, current, and accurate. You may not: (i) register under the name of another person; (ii) use the login credentials of another person; or (iii) use a user name that we deem offensive. If we believe the information you provide is incomplete or inaccurate, we reserve the right to suspend or terminate your account and prohibit you from using the Site or the Services. You are responsible for maintaining the confidentiality of your password and account, and you agree to ensure that you exit from your account at the end of each session. You are entirely responsible for any and all activities under your user name, password, or account (whether by you or others). If you become aware of any unauthorized use of your user name, password, or account, or any other breach of security, you agree to notify us immediately by sending an email to email@example.com. We are 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. You may not use anyone else’s account at any time or allow others to use your account.
You further understand and agree that you have no ownership rights to any account you may have with us or other access to the Site, the Services, or features therein. vitafive may cancel your account and delete all User Content associated with your account at any time, and without notice, if vitafive deems that you have violated these Terms, the law, or for any other reason. You acknowledge that vitafive reserves the right to cancel accounts that are inactive for an extended period of time. vitafive assumes no liability for any information removed from our Site or the Services, and reserves the right to permanently restrict access to the Site, the Services, or a user account.
- Postings and Use Restrictions
From time to time on certain areas of our Site or the Services you may be able to submit, post, display, upload, link to, publish, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other content, messages or material, including your name or likeness (“User Content”). Information or User Content provided by other Users may contain inaccurate, inappropriate or offensive material, products or Products, and vitafive assumes no responsibility or liability for this material. vitafive is under no obligation to monitor any posting or transmission of User Content to or about the Site or the Services and assumes no responsibility or liability arising from the content of any such posting or transmission nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein or related thereto. By using the Site’s or the Services’ features, you agree that you will not engage in any of the following activities on the Site or the Services:
- Uploading, posting or otherwise transmitting any unlawful, false, misleading, deceptive, harassing, threatening, libelous, defamatory, harmful, tortious, obscene, scandalous, inflammatory, racist, pornographic, violent, profane or otherwise objectionable or inappropriate material (as determined by vitafive) or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
- Uploading, posting, reproducing or distributing any information, software, or other materials 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;
- Collecting or storing personal data about other Users;
- Posting any User Content that contains personal information about any individual other than yourself, or any other information that you are under a contractual obligation to keep private or confidential;
- Using the Site or the Services for any commercial purpose not expressly approved by vitafive in writing;
- Framing, inline linking, or otherwise incorporating the Site, the Services or User Content into your website or any other service without our express, written approval;
- Impersonating any person or organization, including without limitation, the personnel of vitafive, ; misrepresent an affiliation with another person or organization; or otherwise mislead as to the origin of any User Content;
- Uploading, posting, emailing, or otherwise transmitting any advertising or promotional materials, political campaigning, commercial solicitation, chain letters, mass mailings, “spam,” or any other form of solicitation or unauthorized communication;
- Uploading, posting, emailing, or otherwise transmitting any material that contains viruses, corrupted files, 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, or otherwise adversely affect the operation of the Site or the Services or a feature of the Site or the Services.
vitafive does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User 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 vitafive without the prior review and written approval of vitafive.
We reserve the right, but disclaim any obligation or responsibility, to: (i) reject, refuse to post or remove or modify any User Content from the Site or Services that violates the Terms (including, without limitation, this prohibited conduct provision), (ii) restrict, suspend, or terminate your access to all or any part of the Site or the Services at any time, for any or no reason, with or without prior notice, and without liability; and (iii) comply with any subpoena, order, or otherwise cooperate with any law enforcement officials regarding the identification of any user alleged to be using the Site or Services in violation of the law, or alleged to have any information related to an ongoing investigation. We reserve the right to preserve a record of User Content and transfer all such records to law enforcement officials upon request.
By displaying, publishing, or otherwise posting any User Content on or through the Site or the Services, you hereby grant to vitafive a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User 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 User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User 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 Site or the Services and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our 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 and hold vitafive, its parents, subsidiaries, officers, employees, agents, and 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 violation of these Terms, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to vitafive, this Site or the Services.
vitafive reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this Section 7, including without limitation, removing the offending User Content from the Site and the Services and terminating the account of Plan of such violators.
Without limiting other remedies, vitafive and its affiliates may immediately warn Users of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your account or Plan and refuse to provide the Products to you if: (i) you breach these Terms or the Policies; (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 Users. Your account or Plan may be terminated and you may be denied access to the Site and the Services if you breach these Terms or any other agreement between you and vitafive in any way.
You acknowledge that vitafive may establish general practices and limits concerning use of the Site and the Services. You agree that vitafive has no responsibility or liability for the blocking, deletion or failure to store any User Content maintained or transmitted by the Site or the Services. You further acknowledge that vitafive reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- Third-Party Content and Links
The Site or the Services may contain links to third party websites, platforms or content that are not owned or controlled by vitafive. vitafive has not reviewed, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or platforms. vitafive has not reviewed all of the sites that may be linked to the Site or the Services and is not responsible for the content of any off-site pages. Such links are provided for your convenience only, and are not express or implied warranties, endorsements or approvals by vitafive of any products, services, advice or information available from such sites. Viewing or otherwise interacting with all other sites is at your own risk. vitafive is not responsible for any User Content, third-party content, syndicated content, applications, products, services, advertisements, and/or links that may be contained on or available through the Site or the Services. Any correspondence, business dealings with, syndication, linking or participation in promotions of third parties found on or through the Site or the Services, including payment or delivery of related goods or products, services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties.
- Purchase of Products or Services from Third-Party Vendors
The Site or Services may allow you to purchase products or services from third-party vendors (“Vendor”). When you interact with a Vendor, you are subject to the Vendor’s terms, conditions, or policies. Any interaction with a Vendor IS AT YOUR OWN RISK. We do not endorse or sponsor any Vendor. We are never a party to any transaction between you and a Vendor. We do not review any transactions between you and the Vendor. Please contact a Vendor directly regarding any inquiries about its products, services, policies, or any other applicable terms and conditions. We are NOT responsible for any damages that you may incur or claims arising out your purchase, use, dealings, reliance on, interactions with, or general contracting with a Vendor.
You hereby indemnify and hold harmless, and upon vitafive’s request, defend, vitafive, its affiliates (and their respective directors, officers, employees, contractors, agents, successors and assigns) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) that arise out of or are related to your use of the Site or the Services, any User Content you submit, post, transmit or make available through the Site or the Services, your violation of these Terms or the Policies, or your violation of any third party rights. You will reimburse vitafive and its affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section 10, provided that vitafive attempts to obtain your written consent prior to making such payments, and such consent is not unreasonably withheld, delayed or conditioned. vitafive shall promptly notify you of any such claim.
- Additional Disclaimer and Additional Limitations of Liability
YOUR USE OF THE SITE OR THE SERVICES IS AT YOUR OWN RISK. Neither vitafive nor any other party involved in creating, producing, or delivering the Site or the Services is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the Site or the Services. Without limiting the foregoing, everything on the Site or the Services is provided to you “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL VITAFIVE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE OR THE SERVICES, NOR SHALL VITAFIVE 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 VITAFIVE’S REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S OR THE SERVICES’ RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, A NEGLIGENT ACT, WILL VITAFIVE OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES, EVEN IF VITAFIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. For the avoidance of doubt, vitafive also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to use of, or browsing in the Site or the Services or your downloading of any materials, data, text, images, video, or audio from the Site or the Services.
You must provide and are solely responsible for all hardware and/or software necessary to access the Site and the Services. You further assume the entire cost of and responsibility for any damage to as well as all necessary maintenance for (repair or correction of) that hardware and/or software.
BY ACCESSING THIS SITE OR THE SERVICES, REGISTERING WITH THIS SITE OR THE SERVICES AND/OR ACCEPTING ANY INFORMATION FROM THIS SITE OR THE SERVICES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD VITAFIVE AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL OR INTERNATIONAL LAW, RULE OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE SITE, THE SERVICES OR THE CONTENT; (D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE SITE OR THE SERVICES; (G) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD; OR (H) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN VITAFIVE’S DEFENSE OF ANY CLAIM. VITAFIVE RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF VITAFIVE.
EXCEPT PURSUANT TO YOUR INDEMNITY OBLIGATION IN SECTION 10, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VITAFIVE’S 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 VITAFIVE FOR THE PRODUCTS DURING THE TERM OF YOUR PLAN.
- Copyright Infringement
vitafive respects the intellectual property of others, and we ask our Users to do the same. If you are a copyright owner who believes your copyrighted material has been copied, posted, or distributed on or through the Application in a way that infringes your copyright rights, please inform our designated Copyright Agent by sending written notice by U.S. mail or email to:
Attn: Copyright Agent
1919 McKinney Ave
Dallas, TX 75201
Pursuant to the Digital Millennium Copyright Act, to be effective you must include the following information in your written notice:
- A detailed description of the copyrighted work you believe is being infringed;
• A description (such as the subdomain link) of the location on the Application where the allegedly infringing content appears;
• Your contact information, including your name, address, telephone number, and, if available, email address;
• A statement that you have a good faith belief that the allegedly infringing use is not authorized by you as the copyright owner, by your agent, or by law;
• A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are, or are authorized to act on behalf of, the copyright owner; and
• An original or electronic signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Please note that notice to the designated Copyright Agent is only for reporting claims of copyright infringement in connection with the Application. Contacts for other matters are provided elsewhere through these Terms.
- Unsolicited Ideas
We control, operate, and administer the Site and the Services from the United States. We make no representation that any material on our Site or Services, including, but not limited to, the Products, is appropriate or available for use outside of the United States. Illegal access to the Site or the Services from territories where their content is illegal is prohibited. You may not use the Site or the Services or export it in violation of U.S. export laws, rules, and regulations. If you access the Site or the Services from a location outside the United States, you are responsible for compliance with all applicable laws.
We may, in our sole discretion, terminate or suspend your access to all or part of the Site or the Services for any reason, including breach of the Policies (as defined below). If we terminate your access or account, you agree that all other provisions for which survival is equitable or appropriate will survive such termination.
- b) Governing Law; Limitation of Claims. These Terms and the Policies will be construed, interpreted, and governed in accordance with the laws of the State of Texas without application of choice-of-law provisions that would require the application of the laws of another jurisdiction. By accepting this agreement, all parties irrevocably submit themselves to the exclusive personal jurisdiction and venue of the state and federal courts of Tarrant County, Texas, with regard to any dispute between them, arising under, or relating to this agreement. The parties also hereby waive any venue or personal jurisdiction challenge they may have to a lawsuit relating to or arising under this agreement that has been filed in a state or federal court in Tarrant County, Texas. 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 vitafive and its employees, officers, directors, members, 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 vitafive incurs in seeking such relief. These Terms 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. 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, these Terms or the Policies must be filed within one (1) year after such claim or cause of action arose; otherwise, such claim will be permanently barred.
- d) Waiver. The failure of vitafive to exercise or enforce any right or provision of the Policies shall not constitute a waiver of such right or provision.
- e) Section Headings; The section headings contained in these Terms and the Policies are for convenience only and shall not affect in any way the meaning or interpretation of these Terms or the Policies. If any provision of our Policies is found to be unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Policy will continue in full force and effect.
- f) Force Majeure. The failure of vitafive to comply with these Terms or the Policies because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of vitafive, shall not be deemed a breach of these Terms. If vitafive fails to act with respect to your breach or anyone else’s breach on any occasion, vitafive is not waiving its right to act with respect to future or similar breaches.
- g) Electronic Communications. Communications from us to you will be sent via electronic mail. You agree that this satisfies any legal requirement of “in writing” from us to you.
- h) Relationship of Parties. Both you and vitafive acknowledge and agree that no partnership or other relationship is formed and neither of you nor vitafive has the power or the authority to obligate or bind the other.
- i) Assignment. vitafive may assign this agreement, in whole or in part, at any time with or without notice to you. You may not assign this agreement, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of the Site or the Services. To the extent that you allow a third party to use your device, you shall remain solely responsible for the use of the Site or the Services by others using the device.
- Comments and Questions
For questions about these Terms or general inquiries, please contact vitafive at firstname.lastname@example.org.
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