These Terms of Use are effective as of December 01, 2023.

Your access to and use of www.vitafive.com (the "Site”) is subject to these terms of use ("Terms of Use") and all applicable laws.  The Site is operated by Vitafive, LLC (“Vitafive,” “we,” “us” or “our”). We make no representation that Site Content (as defined below) is appropriate or available for use outside of the United States, and access to them from territories where their contents are illegal is prohibited.

The terms "you" or "user", as used in these Terms of Use, refers to a Visitor, a Registered User and/or a Purchaser, as applicable.  By accessing, browsing and/or using the Site you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and to comply with all applicable laws. We may change these Terms of Use at any time by updating this posting without prior notice or liability to you, and your continued access, browsing, and/or use of the Site after such change constitutes your acknowledgement and agreement to be bound by such change.

ARBITRATION NOTICE: Except for certain types of disputes described in the “Disputes and Arbitration” section below, you agree that all disputes between you and US regarding these Terms and your use of the Site will be resolved by binding, individual ARBITRATION and you waive your right to participate in a class action lawsuit or class-wide arbitration.

There may be times when we offer a service or feature that has its own terms and conditions that apply in addition to these Terms (“Additional Terms”). In those cases, the Additional Terms will control to the extent there is a conflict with these Terms, unless the Additional Terms state otherwise.

WEBSITE INTENDED AUDIENCE

THIS SITE IS INTENDED FOR USERS AGE EIGHTEEN (18) AND OLDER. By using the Site, you acknowledge that you are at least 18 years old.

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE

Site Content (as defined below) is for informational purposes only. It may not be complete and does not cover all health issues. Therefore, never use or rely on any information on the Site in place of a consultation with your doctor or other health care provider.

WE MAKE NO MEDICAL CLAIMS AS TO THE BENEFITS OF ANY PRODUCTS, SERVICES, OR CONTENT PRESENTED, OFFERED OR REPRESENTED IN ANY WAY AND NO CONTENT IS INTENDED TO PRESCRIBE OR BE TAKEN AS MEDICAL ADVICE. You expressly agree that the Site does not provide, and the Site Content does not constitute medical advice and that the Site is not a means for Vitafive^® to provide you medical advice.  The content and information presented to you through the Site has been evaluated by the Food and Drug Administration and is not intended to be and should not be used in place of (a) the advice of your doctor or other healthcare providers, (b) a visit, call, or consultation with your doctor of other healthcare providers, or (c) information contained on or in any product packaging or label.  If you have any health-related questions or if you have an emergency, please contact your doctor or other healthcare provider promptly or seek assistance by dialing 911.  You should never disregard medical advice or delay seeking medical advice because of any content or information presented to you through the Site, and you should not use the Site for diagnosing of treating a health problem.  Your use of the Site does not constitute or create a doctor-patient, therapist-patient, or other healthcare professional relationship between you and us. 

We do not recommend self-management of health problems, nor do we endorse any particular type of medical treatment. The information and content provided by the Site, including any and all content pertaining to general nutrition, fitness, conditions, and health, is not a substitute for medical advice and nothing contained on the Site or in a response to your inquiries or questionnaires is intended to be a medical diagnosis or treatment plan. ADVANCE CONSULTATION WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER IS PARTICULARLY IMPORTANT FOR ANYONE PREGNANT, BREASTFEEDING OR WITH HEALTH PROBLEMS.  NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, LISTENED TO OR WATCHED ON OR ACCESSED THROUGH THE SITE.

We assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the Site. While we strive to keep the information on the Site accurate, complete, and up-to-date, we do not give any assurances, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information.

WE ARE NOT RESPONSIBLE FOR ANY ADVERSE REACTION FROM USING THE PRODUCTS OR TO ANY INGREDIENT CONTAINED IN THE PRODUCTS.  PLEASE CHECK THE LIST OF INGREDIENTS FOR ANY KNOWN SENSITIVITIES OR ALLERGIES YOU HAVE.  PURCHASERS SHOULD CONTACT SUPPORT BEFORE BUYING IF PURCHASER HAS ANY QUESTIONS.   IF YOU HAVE A SENSITIVITY OR ALLERGY TO ANY INGREDIENT(S) IDENTIFIED DO NOT USE THE PRODUCT.  WHEN IN DOUBT PLEASE CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER.

WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, MEDICAL OPINIONS, COURSE OF TREATMENT OR THERAPY.  YOU SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PROVIDER CONCERNING YOUR PARTICULAR CIRCUMSTANCES AND NEEDS AND NOT RELY ON THE SITE OR THE SITE CONTENT.

You may contact us with general questions regarding our products, but do not send us any specific medical, therapeutic or treatment questions.

PROPRIETARY RIGHTS

The Site and its contents, including text, graphics, images, photographs, illustrations, videos, audio, code, data, trademarks, service marks, logos, taglines, slogans, trade names, documents, data sheets, questions, quizzes, newsletters and other information and material, made available on, accessed through or transmitted from the Site (collectively, the “Site Content”) and any and all intellectual property and proprietary rights inherent therein or appurtenant thereto, are owned by us and are protected under both United States and foreign laws, including patent, copyright and trademark laws.  Your use of the Site does not grant you ownership of any of the Site Content.  Except as stated herein, none of the Site Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our express prior written consent.

 YOUR LICENSE TO USE SITE CONTENT ON OUR SITE

Subject to your compliance with these Terms of Use, you may (a) access and view the Site Content on the Site, on your computer or other device.  Any rights not expressly granted herein are reserved.  If any Site Content is made available on or accessed through the Site with separate license terms, conditions and notices, those portions of the Site shall be governed by such terms, conditions and notices.  In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms of Use.

Except for the limited permission in the preceding paragraph, Vitafive does not grant you any express or implied rights or licenses under any of our patents, trademarks, copyrights or other proprietary or intellectual property rights or those of any third party, whether by estoppel, implication or otherwise.

REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS

You may not use the Site for any purpose or in any manner that infringes the rights of any third party. We encourage you to report any content on the Site that you believe infringes your rights. If you have a good faith belief that any Site Content infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), We have a designated agent for receiving notices of copyright infringement and we follow the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent (whose contact information is set forth below) the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and a description of where to locate the material; (d) your contact information; (e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that any content on a Site contains content that violates your rights other than copyrights, please provide us with the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) your contact information.

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:  (a) Your physical or electronic signature; (b) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (c) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (e) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Bexar County, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Please send your notice of claims of copyright infringement or alleged violation of rights other than copyrights to our copyright agent, who can be reached as follows:

Mailing Address: PO BOX 690290, San Antonio, TX. 78269

 Phone: (210) 509-9496

Fax: (210) 616-9961

E-mail Address: hello@vitafive.com

NOTE: This contact information is for notices or complaints regarding potential copyright and other infringement only.

INFORMATION AND CONTENT YOU SUBMIT

The Site may provide you the opportunity to participate and post content publicly in forums, for example through interactive features ("Community Forums"). You may choose to submit or post product reviews, photographs, videos, questions, comments, suggestions or other content, (collectively, "User Content"). Please note that certain information, such as your name, may be publicly displayed on the Sites along with your User Content.

We do not claim ownership of any User Content that you post or upload to the Site, except information that is required for your use of the Site or receipt of our services or products. 

By uploading, posting, emailing, transmitting, or otherwise making available any User Content, you grant us and our affiliates a perpetual, irrevocable, royalty-free, transferable right and license to use, reproduce, display, perform, adapt, modify, delete in its entirety, publish, translate, create derivative works from, or distribute (or have distributed) such User Content and/or incorporate such User Content into any form, medium, or technology throughout the world without compensation to you, subject to our Privacy Policy.  You represent and warrant that you own or otherwise control all rights in and to any such User Content, and that our publication and use of your User Content will not infringe or violate the rights of any third party.

You understand that all User Content is the sole responsibility of the person from whom such User Content originated.  This means that you, and not us, are responsible for all User Content that you upload, post, email, transmit, or otherwise make available in connection with the Site.  We do not control the User Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User Content. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User-Provided Content, or for any loss or damage of any kind incurred as a result of the publication or use of any User-Provided Content posted, emailed, transmitted, or otherwise made available in connection with the Site.

You warrant and agree that you shall not transmit, post or upload to or through the Site any submission that is, in or whole or in part, libelous, scandalous, inflammatory, discriminatory, defamatory, false, threatening, vulgar, obscene, pornographic, profane, abusive, harassing, invasive of another’s privacy, hateful, aimed at gender, race, color, sexual orientation, national origin, religious views or disability, unlawful, or that violates or infringes on the rights of any third party, and that all submissions will otherwise comply with these Terms of Use.

We are not responsible for screening or monitoring submissions made to Community Forums or otherwise through the Site by users.  If a user notifies us that submissions may violate these Terms of Use, we may investigate the allegation and determine, in our sole discretion, whether to take action.  We shall have no liability or responsibility to users for performance or nonperformance of such activities.

We reserve the right not to post or to remove any information or material posted, uploaded, inputted, or submitted to the Site for any reason, including, without limitation, any submissions that we determine, in our sole discretion, violate these Terms of Use.

However, we reserve the right to block or remove communications or materials that we determine in our sole discretion to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, (d) offensive or otherwise unacceptable, (e) in violation of these Terms of Use, or (f) in violation of law. The foregoing does not apply to any Personal Information submitted to us through the Site - the use of which is governed by the Site's Privacy Policy.

USER INTERACTIONS AND DISPUTES

You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.

REGISTRATION AND PASSWORDS

Registration is required to establish an account.  Upon registration you will be considered a “Registered User”.  You will be required to click on an “I ACCEPT” icon, put a checkmark in a checkbox, or provide some other means of indicating acceptance of these Terms of Use as specified by us in order to establish an account.  You must be a resident of the United States and age 18 or older and over the age of majority in your state in order to establish an account. 

By registering, you represent and warrant to us that: (a) all information provided by you to us during the registration process is truthful, accurate and complete; (b) you will comply with all terms and conditions of these Terms of Use; and (c) you will not use the Site, any of the Site Content or any other content, materials or information obtained from the Site, for any purpose that is unlawful or prohibited by these Terms of Use.

As a Registered User, you agree to maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete.  We may terminate your access to the Site (or portions thereof) without prior notice or liability if any of the information provided is found to be inaccurate, false, out of date or incomplete, or for violating these Terms of Use or the law.

As part of the registration process, you are required to select and use a password.  As a Registered User, you acknowledge that you are solely responsible for all activities that occur under your password or account while using the Site.  You are responsible for maintaining the security and confidentiality of your password and monitoring and controlling access to your account.  You agree to notify us immediately of any unauthorized use of any account or password, or any other known or suspected breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the Site due to someone else using your password or account as a result of your failing to keep your account information secure and confidential.

If you are a Registered User, you may deactivate your account at any time by contacting us at hello@vitafive.com.  Even if a user deactivates his/her account, some information previously posted or otherwise uploaded may still be accessible by third parties.  We are not responsible for the continued accessibility of the information posted or uploaded by a Registered User prior to the deactivation of his/her account.  You may re-activate your account by contacting us at hello@vitafive.com.

PRODUCT PURCHASE and Payment terms

Purchase of products (“Products”) and services (“Services”) through the Site are governed by these Terms of Use and any of our other policies or terms identified in these Terms of Use or presented to you.  No purchases will be permitted unless and until you indicate assent to these Terms of Use as provided for on or through the Site.  [You will be required to click on an “I ACCEPT” icon, put a checkmark in a checkbox, or provide some other means of indicating acceptance of these Terms of Use as specified by us in order to purchase Products and Services].   

Payment is due prior to shipment of Products or receiving Services.  When you check out you will be required to provide your payment and shipping information.  A receipt will be emailed to the email address provided by you.

We reserve the right to refuse or cancel any orders whether or not the order has been confirmed and your credit card charged (including orders for Products or Services that are mistakenly listed at an incorrect price).  If your credit card already has been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account.

SUBSCRIPTION PROCESS, RENEWAL, AND CANCELLATION

VITAFIVE 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.

COST AND FREQUENCY OF CHARGES

PLANS ARE AUTOMATICALLY RENEWED AND BILLED TO YOUR CREDIT CARD ON A 28-DAY BASIS, AT 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, with 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.

CANCELLATION

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.

By subscribing, you agree that we may either terminate or suspend your subscription for any reason at any time in our sole discretion.

Vitafive reserves the right to revoke your Plan subscription at any time as a result of a violation of these Terms or the Privacy Policy

 THIRD PARTY LINKS, CONTENT AND APPLICATIONS

The Site may provide links to certain web sites, services, and features provided by third parties. The Site also may include third party content that we do not control, maintain or endorse. Accordingly, you expressly acknowledge and agree that we are not responsible or liable for your use of any third party site or online features. Your use of such services is subject to the terms and conditions established by such third parties. We encourage you to review the privacy policies of third parties’ sites.

 DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT ALLOWABLE BY LAW:

• WE DO NOT PROMISE, COVENANT, REPRESENT, WARRANT OR GUARANTEE THAT YOU OR ANY OTHER USER OF THE SITE WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF THE SITE, OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE SITE.
• THE SITE (INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT) ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
• TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. WE DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE SITE ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
• WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE OR SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND/OR SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET ACCESS SERVICES, DEVICE HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE AND SERVICES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT MADE BY US WHETHER MADE ON THE SITE, IN RESPONSE TO A QUESTION SUBMITTED ON OR THROUGH THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
• YOU UNDERSTAND THAT BY USING THE SITE YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION(S) WHERE YOU ACCESS OR USE THE SITE AND/OR SERVICES. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, STATEMENT, OR USER CONTENT MADE OR DISPLAYED ON THE SITE BY THIRD PARTIES (INCLUDING ANY USER OF THE SITE) AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM SUCH CONTENT OBTAINED ON OR THROUGH THE SITE. PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT AVAILABLE ON THE SITE AND/OR SERVICES. A POSSIBILITY EXISTS THAT THE SITE AND/OR SERVICES COULD INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, A POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE SITE BY THIRD PARTIES. ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY OF THE SITE, WE MAKE NO GUARANTEES AS TO THE SITE'S COMPLETENESS OR CORRECTNESS.

 

 LIMITATION OF LIABILITY; WAIVER

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO: (A) THE SITE (INCLUDING, WITHOUT LIMITATION, ALL SITE CONTENT); (B) USER CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE AND/OR SERVICES AND ANY PRODUCTS PURCHASED THEREFROM; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SITE'S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SITE). IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITE IS TO STOP USING THE SITE, AND OUR SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF TEN DOLLARS ($10.00) OR THE TOTAL AMOUNT RECEIVED BY US AS A RESULT OF YOUR USE OF THE SITE.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SITE OR ANY PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITE OR ANY PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY US.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA (IF IN CALIFORNIA), AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

 INDEMNIFICATION

You agree to indemnify, defend, and hold us harmless from and against any and all claims, demands, damages, losses, costs, investigations, liabilities, judgments, settlements, attorneys' fees, and other expenses that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your breach or anticipatory breach of these Terms or any Additional Terms; (b) your use of the Site or activities in connection with the Site; (c) your User Content; (d) your violation of any law, rule, regulation, code, statute, ordinance or order of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) our use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and us. You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

 TERMINATION

In our sole discretion, we reserve the right to terminate, suspend, or block your access to and use of the Site, without notice and liability, for any reason, including, without limitation, if we believe your conduct fails to conform with these Terms. We also reserve the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any emails you send to the Site or to us.

Any provision of these Terms, which by its terms, ought to survive, shall survive any termination of these Terms.

LOCATION OF SITE AND TERRITORIAL RESTRICTIONS

Unless otherwise specified, the Site is presented solely for, and any coupons, promotions and programs are offered only to, residents of the United States of America.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We control and operate the Site from offices located in the United States and make no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in other locations. Anyone using or accessing the Site from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Site or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide, and to offer different products or prices based on geographic area.

COMPLIANCE WITH LAWS AND EXPORT CONTROL 

You assume all knowledge of applicable law and are responsible for compliance with any such laws.  You may not use the Site or Site Content in any way that violates applicable state, federal, or international laws, regulations or other government requirements.  You further agree not to transmit any material that is or encourages conduct that could or does constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. 

You acknowledge and agree that the Site shall not be used, and none of the Site Content or underlying information, software or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, “Designated Nationals”).  The lists of Embargoed Countries and Designated Nationals are subject to change without notice.  By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National.  You agree to comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

We make no representation that the Site or the Site Content made available on or accessed through the Site are appropriate or available for downloading or use in other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited.  Access to the Site and/or the Site Content made available on or accessed through the Site may not be legal by certain persons or in certain countries.  If you access the Site from outside of the United States you do so at your own risk and are responsible for compliance with all applicable laws, including without limitation export and import regulations and intellectual property laws of the Unites States and other countries.  Any diversion of the Site and/or any Site Content obtained from or through the Site contrary to the laws of the United States or any other jurisdiction is prohibited.

DISPUTES AND ARBITRATION

Any dispute you have with us should be submitted to our Consumer Affairs Department within thirty days of the event giving rise to the dispute. The Consumer Affairs Department can be contacted via postal mail at: PO Box 690290 San Antonio, TX. 78269, Attention: Consumer Affairs Department via email at: hello@vitafive.com Please allow at least thirty (30) days for us to address your complaint prior to taking further action.

Except for disputes relating to the infringement of your or our intellectual property (such as trademarks, trade dress, copyright and patents) or where you or we are seeking a preliminary injunction (“Excluded Disputes”), you agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to these Terms, your use of the Site, your purchase of any of our products, or any advertisement or promotion, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement.

This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent with the Federal Arbitration Act, Texas law. The arbitration will be conducted in Bexar County, Texas, in English by three arbitrators appointed in accordance with the American Arbitration Association’s rules. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. At your election, desktop, or telephone arbitration, if available, can be used for claims of less than $10,000. In-person arbitration hearings will be conducted at the time the dispute is submitted to arbitration. If your claim is for less than 5,000 and successful, we will pay the costs of the arbitration (not including your attorneys’ fees. In all other cases, you will pay 50% of the cost of any arbitration and you alone will be responsible for your attorney's fees. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have the authority to award punitive or exemplary damages.

THE SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF TEXAS SHALL GOVERN THE VALIDITY AND INTERPRETATION OF THESE TERMS AND ALL CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THESE TERMS OR THE TERMINATION OF THESE TERMS. THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE, SHALL NOT APPLY.

You agree that any action at law or in equity relating to the arbitration provision of these Terms or the Excluded Disputes will be filed only in the state or federal courts located in Bexar County, Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

If any provision of these Terms if held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction or during an arbitration per the arbitration terms above, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. We reserve the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with us.

MISCELLANEOUS

Our failure to insist upon or enforce strict performance of any provision of these Terms or to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. No waiver by us of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer, nor will such a waiver be deemed a further or continuing waiver of such term or condition or any other term or condition. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. We may assign our rights and duties under these Terms to any party at any time without any notice to you. However, you may not assign, transfer, or sublicense these Terms except with our prior written consent. Headings and paragraph or section titles are inserted only as a matter of convenience and do not, and shall not be used to, explain any paragraph or provision. You agree that these Terms will not be construed against us by virtue of our having drafted these Terms.

OUR RIGHT TO UPDATE THESE TERMS

We reserve the right to modify or add to these Terms at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Site so that they are accessible via a link on the home page, and that your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.

CONTACT INFORMATION

If you have any questions or concerns regarding our Terms of Use, please contact us by email: hello@vitafive.com

 

 

 

PRIVACY POLICY

 

Last Updated: December 01, 2023

This Privacy Policy governs the use and collection of your information by Vitafive, LLC (“Vitafive”, “we”, “us” or “our”) when you use certain of Vitafive’s digital products, including any of our websites (including the website located at www.vitafive.com), mobile versions thereof, and downloadable mobile applications that display an authorized link to this Policy (collectively, the “Services”). This Policy does not apply to any information you may provide to us offline or through any means other than the Services.

Vitafive respects your privacy, is seriously committed to protecting the privacy of its users and has published this Privacy Policy to explain how Vitafive treats information you submit to Vitafive. Please read this Privacy Policy carefully prior to your access to and/or use of the Services. If you do not agree to abide by this Privacy Policy, please do not access or use the Services. While using the Services, you may be able to personalize and select which vitamins and supplements are included in your custom Vitafive pack.

By submitting information to Vitafive, either by visiting or using the Services or registering for or using the Services, you are accepting the practices described in this Privacy Policy.

YOUR CONSENT

BY USING THE SERVICES, YOU AGREE TO ACCEPT AND BE LEGALLY BOUND BY THE PRIVACY POLICY AND OUR TERMS OF SERVICE. WE RESERVE THE RIGHT TO CHANGE THE PRIVACY POLICY AT ANY TIME. WE WILL POST THE REVISED PRIVACY POLICY ON THE SERVICES AND UPDATE THE “LAST UPDATED” DATE TO REFLECT THE EFFECTIVE DATE OF THE CHANGES. YOUR CONTINUED VIEWING, BROWSING, USE OR ACCESS OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THE REVISED PRIVACY POLICY.

OUR INFORMATION COLLECTION PRACTICES

We collect information about you in many ways from many places. We may collect information from you through this Site, phone, mail, email, fax, or mobile application interactions you have with us or our service providers or business partners. The information collected may vary depending upon what specific products or services you are requesting or obtaining from us.

Some of the information we collect may include information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your device (“Personal Information”).

Personal Information does not include (and therefore is not covered by this Policy): (i) publicly available information or lawfully obtained, truthful Information that is a matter of public concern, or (ii) de-identified or aggregated consumer information.

CATEGORIES OF PERSONAL INFORMATION COLLECTED

We and our service providers may have collected and processed the following categories of your Personal Information in the past 12 months for the business purposes described in this Policy. We expect to collect and process in the future the following categories of your Personal Information for the business purposes described in this Policy.

ALSO, CALIFORNIA COLLECTION NOTICE

Category	Examples
A. Identifiers	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code ¤ 1798.80(e))	A name, signature, physical characteristics or description, address, telephone number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
C. Protected classification characteristics under California or federal law	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
D. Commercial information	Purchasing or consuming histories or tendencies.
E. Biometric information	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as physical patterns, and sleep, health, or exercise data.
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
G. Geolocation data.	Physical location or movements, including device location.
H. Audio, electronic, visual, thermal, olfactory, or similar information.	Call recordings, such as calls to our customer care team
K. Inferences drawn from other Personal Information.	Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
L. Sensitive Personal Information	a. Personal Information that reveals: i. Precise geolocation; ii.  Racial or ethnic origin, religious; philosophical beliefs; or ii. Contents of a consumer’s email and text messages, unless the business is the intended recipient thereof. b. Biometric data processed for the purpose of uniquely identifying a consumer; or c. Personal Information collected and analyzed concerning a consumer’s health.

 

We retain each of the categories of Personal Information listed above for the period reasonably necessary to provide goods and services to you and for the period reasonably necessary to support our business operational purposes listed under “Purposes for Collection.”

PURPOSES FOR COLLECTION

We may use the Personal Information we collect, including information that we combine from your interactions with our Site, from you and your device, service providers or third parties to conduct our business and to provide you with our quality products, services, and experiences.  Here are ways we use your Personal Information:

• To provide you access to the Site, including to service your account and membership, and maintain the security of both.
• To provide you products and services, including providing information, content, products, or services, and fulfilling your requests or purchases, such as order fulfillment.
• To personal your experiences with us, including to remember your interests and preferences, personalize our Site and the content, products, and services we make available to you through the Site, facilitate interactions with us, track and categorize your activity and interests on the Site, including identifying and linking the different devices you use, and to enrich your experience on the Site.
• To provide information, including information about the Site or required notices.
• For analytics, including understanding how you use our Site, products, and services.
• To improve and develop, such as improving and further developing our products, services, and our Site content, features, performance, and support.
• To provide customer support.
• To manage your account with us, including setting up, registering, and maintaining your account with us.
• To communicate with you, including when you place an order; to obtain information about you; to respond to your inquiries, concerns, and requests; contacting you about your transactions or account; to communicate a contest, sweepstake, or survey; to provide updates on any orders; to let you know an item is back in stock; or to provide other legal or service-related notices about our Site.
• For marketing and advertising, such as delivering marketing communications, promotional materials, or advertisements about Vitafive brand, or third-party products or services that may be of interest to you, including to display targeted ads to you elsewhere online (see your options related to marketing and advertising in the Your Rights section below).
• For business purposes, including to operate and improve our business and business activities; to administer the Site; for research; to maintain our programs, accounts, and records; to understand your satisfaction with our products and services including the Site; to authenticate the information you provide us; to protect the security and integrity of our Site and information technology infrastructure; to detect, prevent and respond to fraud, misuse of our services, intellectual property infringement, violations of our Terms of Use , violations of law, or other misuse of the Site or our products and services; and for any other business purpose permitted by law.
• For legal and safety purposes, including to defend or protect us, you, or customers, or third parties, from harm or in legal proceedings; to protect our rights or the rights, property, and safety of others; to comply with legal obligations; to maintain the security of our customers, employees, and property; to pursue remedies available to us and limit our damages; to respond to court orders, lawsuits, subpoenas, and government requests; to comply with judicial proceedings, court orders, legal processes or lawful requests from government authorities; to address legal and regulatory compliance; and to notify you of product recalls or safety issues.

 

We may combine or aggregate any information we collect for any of these purposes.  We may also anonymize your Personal Information in such a way that you may not reasonably be re-identified by us or any other organization and may use such anonymized information for any purpose.

DISCLOSURES TO SERVICE PROVIDERS AND THIRD PARTIES

Disclosures to Service Providers

In the past 12 months we may have disclosed, and we may disclose in the future, each of the categories of Personal Information described above to our service providers for business purposes. These business purposes include the following: to maintain or service accounts; to provide customer service; process payments; to fulfill orders; to communicate with you; to provide advertising or marketing services: to provide analytic services; to support internal research; to verify service quality; to address online fraud and security; to support our business; and/or to provide similar services on our behalf. If we disclose your Personal Information to a service provider, we do so pursuant to a written contract that prohibits the service provider from retaining, using, or disclosing the Personal Information for any purpose other than for the specific purpose of performing the services specified in the contract, or as otherwise permitted by applicable law.

Disclosures to Third Parties for Monetary or Other Consideration or For Cross-Contextual Behavioral Advertising

We are required to describe certain disclosures of Personal Information as “sales” where we receive valuable consideration. No money is paid in exchange for your Personal Information. In the past 12 months, we may have shared, and we may share in the future, each of the above-listed categories of information:

• With business partners, such as ad networks, who may deliver marketing communications, promotional materials, or advertisements that may be of interest to you. These business partners may engage in cross-contextual behavioral advertising on our behalf; and
• With third parties, who may deliver marketing communications, promotion material, or advertisements that may be of interest to you regarding their brands; and
• With third parties when you engage in or interact with co-branded or co-sponsored content or activities.

 

Additionally, we may disclose in the future each of the above-listed categories of information to third parties:

• Upon your request or approval, though we may not be able to accommodate all requests.
• As reasonably necessary to facilitate a merger, acquisition, sale, joint venture or collaboration, reorganization, divestiture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings), or other types of strategic business transactions.
• To law enforcement, government entities, including regulatory agencies and courts, as reasonably necessary for our business operational purposes, to assert and defend legal claims, and otherwise as permitted or required by law.

SOURCES OF INFORMATION

We obtain Personal Information from the following categories of sources as further explained below:

• Directly from you. For example, from forms you complete or products you purchase. You may choose not to provide us with your Personal Information. If you choose not to provide us with this information, you may still access and use portions of the Site. However, you may not be able to use portions of the Site which require you to provide Personal Information, such as the checkout page.
• Indirectly from you. For example, through information we collect while providing services to you and from observing your actions on the Site.
• Automatically from you. As you navigate through the Site, information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies. More specifically, this is collected through device identifiers (e.g., IP address, MAC address, other device IDs), IP address demographics (location, language, country of origin, etc.), technical device data (e.g., domain server, type of device, type of web browser) and activity information (e.g., access times, pages visited, search history, referring web site addresses, interactions with Site features).
• Service providers and other third parties. We have previously collected and may continue to collect Personal Information from outside sources, including, advertising networks, online social networks, internet service providers, data analytics providers, government entities, operating systems and platforms, social networks, and data brokers.  We have relationships with these third parties who may collect or receive information and use this to assist in analyzing our business and customers.

USES AND DISCLOSURES OF SENSITIVE PERSONAL INFORMATION

We only use and disclose Sensitive Personal Information for the following purposes:

• To perform the services or providing the goods reasonably expected by an average consumer who requests those goods or services.
• To ensure security and integrity to the extent the use of the consumer's Personal Information is reasonably necessary and proportionate for these purposes.
• To prevent, detect, and investigate security incidents that compromise the availability, authenticity, integrity, or confidentiality of stored or transmitted Personal Information.
• To resist malicious, deceptive, fraudulent, or illegal actions directed at the business and prosecuting those responsible for those actions.
• To ensure the physical safety of natural persons.
• For short-term, transient use, including, but not limited to, non-personalized advertising shown as part of a consumer's current interaction with us; provided that we will not disclose the consumer's Personal Information to a Third Party and or build a profile about the consumer or otherwise alter the consumer's experience outside the current interaction with the business.
• To performing services on our behalf, including maintaining or servicing accounts, providing customer service, processing, or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on our behalf.
• To undertaking activities to verify or maintain the quality or safety of a product, service, or device that is owned, manufactured by, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.
• To collect and/or process Sensitive Personal Information where such collection or processing is not for the purpose of inferring characteristics about a consumer.

HOW WE PROTECT INFORMATION WE COLLECT

We build security into our system to help protect data from unauthorized access, disclosure, alteration, and destruction. We’re always looking for threats and take reasonable steps to respond to those threats, protecting the information users share with us.  Of course, no method of Internet transmission or data storage can provide guaranteed protection to your information.  If anything should ever happen to your information, we’ll let you know as soon as we can and try our best to make it right.

CHILDREN UNDER THE AGE OF 13

We do not knowingly collect any Personal Information from children under the age of 13. If we learn that a child under the age of 13 has provided us with Personal Information, we will delete that information in accordance with applicable laws.

CHILDREN UNDER THE AGE OF 16

Our Site is not intended for children under 16 years of age. No one under age 16 may provide any Personal Information on the Site. We do not knowingly collect Personal Information from children under 16, nor do we knowingly disclose Personal Information of children under 16 to third parties for valuable consideration or for cross-context behavioral advertising. If you are under 16, do not use or provide any information on the Site. If we learn we have collected or received Personal Information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us to hello@vitafive.com.

YOUR PRIVACY RIGHTS AND CHOICES

The following describes your rights with respect to your Personal Information and explains how to exercise those rights. 

RIGHT TO KNOW

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information.  The information you have the right to request is:

• The categories of Personal Information we have collected about you.
• The specific pieces of Personal Information we have collected about you.
• The categories of sources of Personal Information we have collected about you.
• Our business purposes for collecting Personal Information.
• Our business purposes for disclosing the Personal Information, as well as the categories of third parties to whom we have disclosed the information.

Please note that you can only make a verifiable request for access twice within a 12-month period.

YOUR CALIFORNIA PRIVACY RIGHTS

The State of California enacted the Shine the Light law (California Civil Code Section 1798.83) that permits users who are California residents to request certain information regarding Vitafive’s disclosure of personal information during the past year to third parties for direct marketing purposes. To make such a request, contact hello@vitafive.com.

PERSONAL INFORMATION

For certain Services and options, we require you to register an account with us provide personal information including, but not limited to, your name, street address, city, state, zip code, country, email and phone number (collectively, “Registration Information”). You can manage your Registration Information by accessing your online account. We use this procedure to better safeguard your personal information. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access to your profile or making changes.

RIGHT TO CORRECT

You may also change your account and its related Registration Information from our database. You have the right to request that we correct any inaccurate Personal Information we maintain about you. You can also change any of your Personal Information in your account by editing your profile within your account or by contacting us via email: hello@vitafive.com.

RIGHT TO DELETE

You have the right to request that we delete any of your Personal Information that we collected from you, subject to certain exceptions. You should know that if you choose to delete your profile, certain aspects of our Services may no longer be accessible to you. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

Examples of circumstances in which we may deny a deletion request are (including if retaining the information is necessary for us or our service provider(s) to):

• Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Help to ensure the security and integrity of our Site.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on the consumer’s relationship with us.
• Comply with a legal obligation.

EXERCISING YOUR RIGHT TO KNOW, RIGHT TO CORRECTION, OR RIGHT TO DELETION

To exercise your right to know, right to correction, or right to deletion as described above, please submit a verifiable consumer request to us by email to hello@vitafive.com. Only you, or your authorized agent, may make a verifiable consumer request related to your Personal Information.

To submit a request, we require that you explain your relationship with us, specify your request type, and provide your name, email address, country, home address, the details of your request, and your date of birth. We use this information to identify responsive records and to verify your identity. To verify your identity, we use a Service Provider who may ask additional questions to verify your identity, including the last four digits of your social security number, and questions about physical addresses or locations that you have been associated with.  Your request should include sufficient detail that allows us to properly understand, evaluate, and respond to it. Please note that we may require additional information from you to verify your identity and process your request.

If you choose to use an authorized agent to submit a request on your behalf, you must provide the agent written permission to do so and the agent must verify their own identity directly with us, in addition to the steps we would take if we processed your request directly. If the agent does not submit proof that they have been authorized by you to act on your behalf, we may deny the request.

We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

RIGHT TO OPT-OUT OF SALES

If you receive e-mail, phone, or mail communications from our Services that you prefer not to receive, you may opt-out from receiving these communications by using the opt-out instructions included in the e-mail message you receive, or by sending your request to hello@vitafive.com.

CHOICES CONCERNING COOKIES AND OTHER TRACKING TECHNOLOGIES

Cookies, Web Beacons

We use cookies, web beacons and similar technologies to enhance your browsing experience, serve personalized ads or content, and analyze the usage of our Site and entry and exit points to and from emails.

Most web browsers automatically accept cookies, but you usually can change your browser to prevent the browser from accepting cookies.  If you reject cookies, you may still use the Site, but your ability to use some areas and features/functions of the Site may be limited. 

Please note that your cookie preferences are brand, browser, and device specific. Therefore, if visit this site from a different browser or device, or clear your cookies, you will need to reset your cookie preferences.

Google Analytics

We use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Targeted Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising on the following platforms by using the links below:

• - Google: https://www.google.com/settings/ads/anonymous
• - Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Other platforms may also allow you to opt out of target advertising. Please refer to those platform privacy policies for more information.

Browser Opt-Out Preference Signals

We will consider your user-enabled privacy controls, such as a browser plugin or privacy setting or other mechanism, to signal your choice to opt-out of the sale and sharing of your Personal Information. Such signals are brand, browser, and device specific.

YOUR MARKETING CHOICES

You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or contacting us via email: hello@vitafive.com.

If you have an account, you can select your preferences through your account settings.

RIGHT TO NON-DISCRIMINATION

We will not discriminate against you for exercising any of your rights as set forth in this Privacy Policy. Unless permitted by the law, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you with a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the law that can result in different prices, rates, or quality levels. Any legally permitted financial incentive we offer will reasonably relate to your Personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

CHANGES TO OUR PRIVACY POLICY

We reserve the right to amend this Privacy Policy at our discretion and at any time. This Privacy Policy will be reviewed at least once every 12 months and will reflect the date it was last updated.

LINKS TO THIRD-PARTY WEBSITES; SOCIAL MEDIA SITES

We may link to third-party websites and services that we do not operate and are outside of our control. We are not responsible for the security or privacy of any information collected by other websites or other services. Please exercise caution and review the privacy statements applicable to the third-party websites and services you use.

We may offer social sharing features or other integrated tools, which let you share actions you take with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the third parties that provide these features.

SPECIAL NOTE TO INTERNATIONAL USERS

The Services are hosted in the United States. If you are accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Services, which is governed by U.S. law, this Privacy Policy you are transferring your personal information to the United States and you consent to that transfer. Our Services are subject to U.S. laws, which may not afford the same level of protection as those in your country. For purposes described in this Policy, personal information may be transferred to, processed, stored, and accessed by us, our affiliates, and our service providers in the United States and in jurisdictions where any of us may operate. Courts and other authorities in these jurisdictions may, in certain circumstances, be entitled to access your personal information. By using the Services, you consent to this transfer, processing, storage, and access of your personal information in and/or outside of the jurisdiction in which you reside.

IN THE EVENT OF MERGER, SALE, OR BANKRUPTCY

If Vitafive is acquired by or merged with a third-party entity, or sells all or substantially all of its assets, we reserve the right, in any of these circumstances, to transfer or assign the information and content we have received and collected from visitors to our Services as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.

UNFORESEEN CIRCUMSTANCES

We care about your privacy and strive to protect your personal information. However, Vitafive recognizes that there are often circumstances beyond our control. In these situations, please be aware that unauthorized access to your personal information may occur. If access occurs, we will do our best to rectify the situation, but we are not liable for the damages or effects of such breach.

CONTACT US

If you have any questions or concerns regarding our Policy or any questions about the security at our Site, please submit your questions or concerns, or contact us via email: hello@vitafive.com.