User Terms
USE OF THIS INTERNET WEB SITE AMOUNTS TO EXPLICIT AGREEMENT TO ALL
TERMS SPECIFIED BELOW. If you do not agree to these terms, you may not
use our Web site.
1. NO WARRANTIES. The information, services,
products, and materials contained in our Web site, including all text,
graphics, and links, are provided on an 'AS IS' basis. We shall not be
liable for any actions taken, either wholly or in part, based on the
information provided on or through its Web site, or for any loss,
damage, expense or injury resulting from any transactions conducted
with any online merchant or other third-party listed on its Web site.
To the maximum extent permitted by law, we DISCLAIM ALL REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION,
SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as
well as representations and warranties of title, non-infringement,
freedom from computer viruses, worms, and other operating problems, and
implied warranties arising from course of dealing or course of
performance. Some states may not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you. You may
also have other legal rights that vary from state to state.
2. COPYRIGHT AND TRADEMARK INFORMATION. All
content on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is the property
of Vitamin Answer protected by intellectual property rights. Permission
is granted to individual consumers to electronically copy and to print
hard copy portions of this Web site for the sole purpose of using this
site as a shopping resource. Any other use of materials on this Web
site, including reproduction for purposes other than those noted above,
modification, distribution, or republication, any form of data
extraction or data mining, or other commercial exploitation of any
kind, without our prior written permission is strictly prohibited.
Users agree that they will not use any robot, spider, other automatic
device, or manual process to monitor or copy our Web pages or their
content without our prior written permission.
We disclaim any responsibility for the content of any third-party
materials provided through or on our Web site. We do desire to respect
all copyrights and to respond accordingly when notified of the
infringement of those rights. Therefore, and in compliance with Section
512 of Title 17 of the U.S. Code and the Digital Millennium Copyright
Act, if you believe that any such third-party materials infringe your
intellectual property rights, please contact the following agent to
request a review of the alleged infringement:
Vitamin Answer
250 8th Avenue
Santa Cruz, California 95062
3.
USE OF SITE. Purchase of products offered on or through this site
require you to first open an account. You are responsible for
maintaining the confidentiality of your account information, including
your password, and for all activity that occurs under your account. You
agree to notify us immediately of any unauthorized use of your account
or password, or any other breach of security. You may be held liable
for losses incurred by us due to someone else using your password or
account. You may not use anyone else's password or customer account at
any time. You may not attempt to gain unauthorized access to the Site.
You agree to provide us with accurate, current and complete information
about yourself and your billing information as prompted by the
registration process. You may not use any automatic device, program,
algorithm or methodology, or any similar or equivalent manual process,
to access, acquire, copy, probe, test or monitor any portion of this
site. You also agree that we may, in our sole discretion
and without prior notice to you, terminate your access to the site and
your account for any reason, including without limitation: (1) attempts
to gain unauthorized access to the Site or assistance to others'
attempting to do so, (2) overcoming software security features limiting
use of or protecting any content, (3) discontinuance or material
modification of the Site or any service offered on or through the Site,
(4) violations of this Terms of Use, (5) failure to pay for purchases,
(6) suspected or actual copyright infringement, (7) unexpected
operational difficulties, or (8) requests by law enforcement or other
government agencies. You agree that we will not be liable to you or to
any third party for termination of your access to the site.
4.
PRIVACY POLICY AND DISCLAIMER OF LIABILITY. As a condition to your use
of our site and/or making any purchases of any products and/or services
or conducting any transactions, you represent that you have first read
our Privacy Policy and consent to the collection, use and disclosure of
your Personally Identifiable Information and Non-Personally
Identifiable Information as described in it. You also agree that we
cannot be responsible for the acts of unauthorized third parties who
may wrongfully access this information. IN NO EVENT SHALL WE BE LIABLE
FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT,
PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED
WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION,
REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT
LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF
WHETHER WE WERE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE
POSSIBLE.
5. SALE
AND PAYMENT TERMS. To purchase any goods and/or services on our site,
you must be at least eighteen (18) years of age and you must provide us
with a valid credit card number and associated payment information
including all of the following: (i) your name as it appears on the
card, (ii) your credit card number, (iii) the credit card type, (iv)
the date of expiration and (v) any activation numbers or codes needed
to charge your card. By submitting that information to us, you agree
that you authorize us to charge your card at our convenience but within
thirty (30) days of credit card authorization. All sales are FINAL. All
charges from those sales are nonrefundable.
All payments must be made by VISA, MasterCard, American Express, or PayPal. If
you use your credit card, your card issuer agreement governs your use
of your designated card, and you must refer to that agreement and not
this Terms of Use to determine your rights and liabilities as a
cardholder. YOU, AND NOT Vitamin Answer, ARE RESPONSIBLE FOR PAYING ANY
UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You
agree to pay all fees and charges incurred in connection with your
purchases (including any applicable taxes) at the rates in effect when
the charges were incurred. Unless you notify us of any discrepancies
within sixty (60) days after they first appear on your credit card
statement, you agree that they will be deemed accepted by you for all
purposes. If we do not receive payment from your credit card issuer or
its agent, you agree to pay all amounts due upon our demand. You are
responsible for paying any governmental taxes imposed on your
purchases, including, but not limited to, sales, use or value-added
taxes. We will automatically charge and withhold the applicable sales
tax for orders to be delivered to addresses within California and any other states or localities that we deems required.
Your
receipt of an email or other form of order confirmation does not
signify our acceptance of your order, nor does it constitute
confirmation of our offer to sell. We reserve the right at any time
after receipt of your order to accept or to decline your order for any
reason. Your order will be deemed accepted upon shipment of products or
performance of services that you have ordered. Title to goods and all
risk of loss passes to you upon delivery to the common carrier.
We
have the right to refuse or to cancel any orders placed for products
and/or services listed at an incorrect price, or containing any other
incorrect information or typographical errors. We shall have the right
to refuse or cancel any such orders whether or not the order has been
confirmed and your credit card charged. If your credit card has already
been charged for the purchase and your order is canceled, we will
immediately issue a credit to your credit card account in the amount of
the charge.
WE
RESERVE THE RIGHT, AT ANY TIME, TO CHANGE OUR PRICES AND BILLING
METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON
POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
6. DISPUTE RESOLUTION. Any
controversy or claim between or among the parties, including but not
limited to those arising out of or relating to this agreement or
arising in any way out of the use or operation of our Web site or other
services, or any information, services, products, and materials
contained in this site or available through our other services, and
including any claim based on or arising from an alleged tort, shall be
determined ONLY by BINDING arbitration in San Francisco, California in
accordance with Title 9 of the U.S. Code and the Commercial Arbitration
Rules of the American Arbitration Association. All statutes of
limitation that would otherwise be applicable shall apply to any
arbitration proceeding. Judgment upon the award rendered may be entered
in any court having jurisdiction.
Notwithstanding
the foregoing, either party may pursue preliminary or injunctive
remedies in an appropriate state or federal court sitting in Alameda County, California pending the decision of the arbitrator, without waiving the right or affecting the obligation to arbitrate.
7. MISCELLANEOUS. We
reserve the right, at any time, to modify, to alter, or to update this
agreement, and you agree to be bound by such modifications,
alterations, or updates once they are posted on our Web site. This
agreement shall be governed by and interpreted in accordance with the
laws of the State of California,
except to the extent preempted by federal law, without giving effect to
any choice of law rules. If any provision of this agreement is deemed
void or unenforceable for any reason, the other provisions (and any
partially-unenforceable provision) shall not be affected and shall
remain valid and enforceable.
This agreement was last amended May 26, 2010.
