Terms of Use Agreement – Last Updated (August 12, 2021)
Table of Contents
Purpose
Code of Conduct
Not Healthcare Advice
Product Purchases
Site Usage & Usage Termination
Pricing
User Content and Conduct
Privacy
Consent to Communications
Programs
Liability Disclaimer
Indemnification
Copyright, Trademarks and other Intellectual Property
Agreement
Severability; Interpretation
Applicable Law; Jurisdiction; Dispute Resolution & Class Waiver
Miscellaneous
Contact Us
Purpose
Welcome to the Vitaminsfromusa family of websites which includes our country-specific websites, mobile websites, mobile apps, blogs and website for programs like Vitaminsfromusa Rewards, Reviews Program, and Autoship & Save Program (collectively, the “Site”). This Vitaminsfromusa Terms of Use Agreement (“Agreement”) sets forth the agreement between Vitaminsfromusa, LLC. (“Vitaminsfromusa”), Vitaminsfromusa’s affiliated companies such as Vitaminsfromusa Netherlands B.V., a company incorporated under the laws of The Netherlands, with its main offices at Schiphol Boulevard 359, 1118 BJ, Amsterdam Schiphol, Netherlands, registered at the Chamber of Commerce of Amsterdam, The Netherlands under No. 67635059 (collectively, “Vitaminsfromusa”, “we”, or “us” , and each user (“user”, “your” or “you”). This Agreement governs your use of the Site, the Vitaminsfromusa Rewards Program (“Rewards Program”), the Vitaminsfromusa Autoship & Save Program (“Autoship & Save”), the Vitaminsfromusa Reviews Program (“Reviews Program”), and the Vitaminsfromusa Privacy Policy (“Privacy Policy”). Please read this Agreement carefully and fully before using the Site or participating in the Rewards or Reviews Program or Autoship & Save, or disclosing to us any personal information.
By using the Site and/or participating in the Rewards Program or Reviews Program or Autoship & Save, or disclosing to us any personal information: (i) you agree that you have read and understood the terms of this Agreement, (ii) you accept and agree to be bound by the terms of this Agreement, and (iii) you accept and agree to abide by all laws and regulations applicable to the subject matter of this Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE SITE OR PARTICIPATE IN THE REWARDS PROGRAM OR REVIEWS PROGRAM, OR DISCLOSE TO US ANY PERSONAL INFORMATION.
The terms in this Agreement may change periodically and may be revised at any time and from time to time at our sole discretion by updating this posting. You should visit this page from time to time to review the then current terms of use because they are binding on you. Your continued use of the Site and/or Participation in the Rewards Program, Reviews Program, and or Autoship & Save means that you accept any changes or modifications to this Agreement. If any modification is unacceptable to you, your only recourse is to terminate this Agreement by contacting Customer Service. Certain provisions of the terms contained in this Agreement may be superseded by legal notices or terms located on particular pages of the Site, or through specific programs terms for the Rewards Program, Reviews Program, and Autoship & Save .
RISK OF LOSS/TITLE TRANSFER:
All purchases of products are made pursuant to the respective INCOTERMS designated upon order placement. Title for any products purchased by you will transfer upon our delivery to the carrier.
Code of Conduct
Vitaminsfromusa’s Code of Conduct is included in this Agreement. Participants in Vitaminsfromusa’s Rewards Program and Reviews Program, customers, vendors, visitors to the Site, and stakeholders are expected to comply with the Code of Conduct.
Not Healthcare Advice
The products and claims made about specific products on or through the Site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease.
The Site is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Site, including information that may be provided on the Site directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.
Information provided on the Site and linked websites, including information relating to medical and health conditions, treatments and products may be provided in summary form. Information on the Site including any product label or packaging should not be considered as a substitute for advice from a healthcare professional. The Site does not recommend self-management of health issues. Information on the Site is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health related questions. Never disregard or delay medical advice based upon information you may have read on the Site.
Links to or access from any third party websites or resources is not an endorsement of any information, product or service. We are not responsible for the content or performance of any third party websites. Use of any third party websites is at your own risk.
You should not use the information or services on the Site to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacturer and any product label or packaging, prior to using any medication, nutritional, herbal or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue. Individuals are different and may react differently to different products. You should consult your physician about interactions between medications you are taking and nutritional supplements. Comments made in any forums on the Site by employees or Site users are strictly their own personal views made in their own personal capacity and are not claims made by us or do they represent our positions or views. Product ratings by any current or previous employees or Site users are strictly their own personal views made in their own personal capacity and are not intended as a substitute for appropriate medical care or advice from a healthcare professional. We are not liable for any information provided on the Site with regard to recommendations regarding supplements for any health purposes.
Always check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification as to product labeling and packaging details and recommended use.
Product Purchases
To the extent you make purchases on the Site, you agree that all purchases of products are made pursuant to the respective INCOTERMS designated upon order placement. Title for any products purchased by you will transfer upon our delivery to the carrier.
It is your responsibility to ascertain and comply with all applicable local, state, federal, and international laws regarding the receipt, possession, use, and sale of any item purchased from this Site.
When ordering from Vitaminsfromusa you are responsible for assuring the product can be lawfully imported into your country. Customers are the importers of record and must comply with all laws and regulations of the destination country.
Vitaminsfromusa reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them. Vitaminsfromusa does does not support sales tax exemption requests for businesses or resellers.
Usage & Termination
By using our Site and/or participating in the Rewards Program, Reviews Programs and/or Autoship & Save, you represent and agree that you are at least eighteen (18) years of age or older and are fully able and competent to agree to the terms in this Agreement or any Program terms and conditions. If you are under the age of 18, you are not permitted to use this Site or participate in any Program.
Account Setup & Use
You are required to establish an account on the Site in order to use certain features, such as making a purchase. You agree to provide accurate, true, complete and current information about yourself as prompted by the Site and to promptly update such information to maintain accurate, true, complete and current information. If you provide any inaccurate, false, incomplete or outdated information or we in our sole discretion suspect that such information is inaccurate, false, incomplete or outdated, we reserve the right to suspend or terminate your account and prohibit any and all current or future use of the Site or any portion thereof by you. During the registration process you will create a username and password. You are responsible for the confidentiality of your account and password and are fully responsible for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or password or any other security breach and to ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Site including charges resulting from unauthorized use of your account. We are not liable for any loss or damage resulting from your failure to comply with this section.
Use of the site
You agree to use the Site and engage in the Programs for lawful purposes and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through the Site any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive or otherwise objectionable material of any kind including any material that encourages illegal conduct or conduct that would encourage civil liability, infringe on other’s intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Site in a manner that would interfere with normal operation or infringe on any others use of the Site.
You agree not to access the Site by any means other than the interface we provide. Displaying or running the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior authorization is prohibited. Any permitted links to the Site must comply with all applicable laws, rules and regulations.
We make no representation that materials contained on the Site or that products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Users of the Site outside the United States do so at their own initiative and risk and are responsible for complying with all applicable laws and regulations, and undertake to, at the time of at the time of purchase of a product, to ascertain whether the importation of the respective product is allowed by the laws of their country and by the applicable governmental agencies. You agree not to access the Site from any location or territory where its contents are illegal and that you and not us, are responsible for compliance with all applicable laws and regulations.
You may not use the Site or Vitaminsfromusa’s services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the government of the country where you are accessing the Site or using Vitaminsfromusa’s services. You are responsible for compliance with all U.S. or other export and re-export restrictions that may apply to goods.
Termination or Suspension of the Agreement
This Agreement is effective until terminated by either us or you. We, in our sole discretion, may suspend or terminate this Agreement at any time without notice and deny you access to the Site or any portion of it. You may terminate this Agreement at any time by contacting Customer Service and discontinuing all use of the Site and the Rewards Program, Reviews Program, and Autoship & Save. Upon termination by us or you, you must destroy all materials obtained from the Site including all copies of such materials whether made under the terms of use contained in this Agreement or otherwise. We reserve the right to modify or discontinue, temporarily or permanently, the Site or any portion of it with notice to you.
Account Termination
We reserve the right to terminate any account if your order is deemed fraudulent or credit card charges are disputed. You agree that we may terminate or suspend your access to all or part of the Site, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of any part of this Agreement, laws or regulations or is harmful to another user or us or our affiliates.
The following shall survive any termination of the Agreement either by us or you; Privacy, Liability Disclaimer, Severability; Interpretation, and Miscellaneous.
Google Maps/Google Earth
Some areas of the Site implement Google Maps/Google Earth mapping services. Your use of Google Maps/Google Earth is subject to the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy.
Pricing
With respect to items sold by Vitaminsfromusa, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. Subject to applicable law, if the correct price of an item sold by Vitaminsfromusa is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
User Content and Conduct
User Generated Content Guidelines are included in this Agreement. All User Generated Content must comply with the guidelines which are a binding part of this Agreement. Additionally, all User Generated content should comply with the Code of Conduct in this Agreement. User Generate Content, including product reviews, solely reflect the views and opinions expressed by the contributor and not those of Vitaminsfromusa. Vitaminsfromusa does not verify or endorse any claims made in reviews. Statements regarding dietary supplements have not been evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any disease or health condition.
Privacy
By agreeing and adhering to the terms of this Agreement, You also confirm that You understand Vitaminsfromusa’s Privacy Policy. To learn more about what we do with your information please review the Vitaminsfromusa Privacy Policy.
Consent to Communications
You consent to receive SMS messages (including text messages) from us to the specific number(s) you have provided to us with information or questions about your account and/or orders.
You may also have elected to receive marketing and promotional SMS messages (including text messages) from us. Your consent to receive marketing and promotional SMS messages is not required to purchase goods or services. If you have elected to receive SMS marketing messages, we will send you an SMS to confirm your election. Message and data rates may apply and message frequency may vary. Carriers are not liable for delayed or undelivered messages.
You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. Vitaminsfromusa may use such means of communication described in this section even if you will incur costs to receive such messages, text messages, e-mails or other means, which may occur.
You can stop receiving SMS messages (including text messages) at any time by replying “STOP” to any message you receive from us and we will send you a message confirming your election. If you want to start receiving messages again, sign up as you did the first time. If you need help, text “HELP” to any message you receive from us or email customersupport@Vitaminsfromusa.com. Message and data rates may apply and message frequency may vary. Carriers are not liable for delayed or undelivered messages.
For customer support, please visit our customer support page.
Programs
Your participation in the Programs is voluntary and is effective until terminated by either Vitaminsfromusa or you.
Vitaminsfromusa Rewards Program
Rewards Program Period
The Rewards Program is on-going and participation is subject to the terms and conditions set forth herein (“Rewards Program Period”).
Eligibility
The Rewards Program is open only to Vitaminsfromusa customers who are at least eighteen (18) years of age or older at the time of participation. This Rewards Program is void where prohibited or restricted by law. Your participation in the Rewards Program and use of Your Rewards Link and Rewards Code (as each is defined below), constitutes your full and unconditional agreement to the terms set forth in this Agreement, and Vitaminsfromusa’s decisions and interpretations, which are final and binding in all matters related to the Rewards Program. If you are a business or publisher (including but not limited to coupon sites, deal sites, cashback sites, content sites, online shopping comparison tool, etc.), please refer to Vitaminsfromusa Affiliate Program section for more information on eligibility and terms of use.
General Rewards Program Information
Subject to the above eligibility requirements, You may participate in the Rewards Program when You purchase products offered for sale on the Site. When You complete Your first order, You will be enrolled in this Rewards Program and be deemed a participant in the Rewards Program in order to receive credits towards Your future Vitaminsfromusa purchases (“Rewards Credits”).
Rewards Credits earned under this Rewards Program can only be used by You towards Your future purchases made on the Site or can be redeemed for cash (cash out option is not available in all countries, see Rewards Credits Cash Out section below for details) after reaching a certain threshold as indicated in the Rewards FAQs.
Once enrolled, You will receive a customized link (“Rewards Link”) as well as a special code (“Rewards Code”). Both the Rewards Link and Rewards Code will be associated with Your account.
You can receive Rewards Credits when new and existing customers that You refer to Vitaminsfromusa (“Referred Customer”) place qualifying orders using Your Rewards Link or Rewards Code.
Additionally, You may earn rewards by posting eligible reviews and receiving “helpful” votes on Your reviews and answers.
Earning Rewards Credits
You can refer potential Referred Customers through Your Rewards Link by:
Going to your favorite product, category page, or creating a shopping cart of Your favorite products. Next, click on the “Share” button on the top-right corner to share your Rewards Link, or
Going to Your order history and clicking on the “Share” button for each order to share with others.
You may also earn Rewards Credits if a Referred Customer enters Your Rewards Code at checkout.
Once a Referred Customer clicks on Your Rewards Link, they will have seven (7) days to complete their order. You can earn Rewards Credits for qualifying orders that will be applied to Your account in accordance with the Rewards Program Accounting and Payment Information section listed below.
You may receive either a (i) five percent commission (5%) in Rewards Credit from each existing customer order or (ii) five dollar USD ($5 USD) Rewards Credit for each referral orders placed by a new customer for products sold on the Site. You may also earn an additional percentage or dollar credit in the event that Vitaminsfromusa, at its sole discretion, decides to run a special promotional program from time to time. Super Rewards is considered one of the special promotional programs we run periodically, giving You additional opportunity to earn even more Rewards Credit. Check our Super Rewards page for the latest offer.
You may also earn Rewards Credits by writing reviews for products that You have purchased and used any time after July 1, 2020. Vitaminsfromusa’s offer of Rewards Credits to customers who post reviews is intended to encourage customers to provide authentic, transparent, and honest opinions, both positive and negative, based on their real experiences with products.
Eligible Reviews
To be eligible to receive Rewards Credits Your review must meet the following criteria: (i) You must have previously purchased the product from Vitaminsfromusa; (ii) Your purchase must have occurred after July 1, 2020; and (iii) Your review must comply with Vitaminsfromusa’s User Generated Content Guidelines (“UGC Guidelines”). Deliberately fake content, copied or stolen content, off-topic reviews, defamatory language, personal attacks, and unnecessary or incorrect content are all in violation of our UGC Guidelines.
Earning Rewards for Eligible Reviews
You may receive a $1.00 (one dollar) Reward Credit as pending Rewards Credit for each approved and eligible review You submit whether that review is positive or negative. Approval of the review and payout of the Rewards will be instantly made available after you submit each review for the first 10 reviews per 24 hour time frame. Rewards Credit will only be granted immediately if each review is approved. Any review and payout of the Rewards for any review submission over 10 per 24 hours will go through a 48 hours pending period before becoming available for use. You may only post one review per product. You can find more information about reviews and Rewards Credits in the FAQ’s.
Additionally, customers who post reviews may receive a $0.10 (ten cent) Rewards Credit as pending Rewards Credit for each helpful vote their eligible review receives from other customers, up to a maximum amount of $20 in Rewards Credit per eligible review. All earned Rewards Credit will stay pending for thirty-five (35) days following the transaction date before becoming available for use.
Voting Eligibility
Any Vitaminsfromusa customer who has made at least one purchase from Vitaminsfromusa is eligible to vote on a review as helpful or unhelpful. Helpful or unhelpful votes are made by clicking on the thumbs up (for helpful) or thumb down (for unhelpful) icons found to the right of each review. Vitaminsfromusa offers Rewards Credits to customers who receive helpful votes, on the eligible reviews they post, to encourage honest, authentic, and well written reviews, whether positive or negative, that are helpful to Vitaminsfromusa’s other customers.
Helpful Votes Eligible for Rewards Reviews
Customers may vote on as many reviews as they would like each day but can only cast one vote per review. However, only the first 5 helpful votes made by any customer in any 24 hour period will be considered eligible for accruing Rewards Credits. See FAQs for additional information. You cannot earn Rewards Credits by casting a helpful vote for Your own reviews. Only helpful votes left on or after October 1, 2020 apply to this program.
You can find more information about earning Reward Credits for helpful votes on reviews in the FAQ’s.
Finally, customers who post eligible answers to questions that other customers have submitted on Vitaminsfromusa’s website may receive a $0.10 (ten cent) Rewards Credit for each helpful vote the eligible answer receives, up to a maximum of $10 in Rewards Credits per answer and per product.
Eligible Answers
To be eligible to receive Rewards Credits Your answers must meet Vitaminsfromusa’s UGC Guidelines.
Voting Eligibility
Any Vitaminsfromusa customer who has made at least one purchase from Vitaminsfromusa is eligible to vote on an answer as helpful or unhelpful. Helpful or unhelpful votes are made by clicking on the “yes” box (for helpful) or the “no” box (for unhelpful) which are found to the right of each answer. Vitaminsfromusa offers Rewards Credits to customers who receive helpful votes, on the eligible answers they post, to encourage the writing of honest, authentic, and well written answers, whether positive or negative, that are helpful to Vitaminsfromusa’s other customers.
Helpful Votes Eligible for Rewards Reviews.
Customers may vote on as many answers as they would like each day but can only cast one vote per answer. However, only the first 5 helpful votes made by any customer in any 24 hour period will be considered eligible for accruing Rewards Credits. See FAQs for additional information. You cannot earn Rewards Credits by casting a helpful vote for Your own answer. Only helpful votes left on or after October 1, 2020 apply to this program.
You can find more information about helpful votes on answers and Rewards Credits in these FAQ’s.
What Rewards Credits Can Be Used For
Vitaminsfromusa lets You use Your Rewards Credits in a couple of different ways to give You greater flexibility. Your Rewards Credits will automatically apply to Your future orders and will appear in Your shopping cart when signing into Your Vitaminsfromusa account. If You have Rewards Credits remaining at the end of each month above a certain threshold, You may be eligible to cash them out (cash out option is not available in all countries, see Rewards Credits Cash Out section below for details). You are responsible for paying any applicable taxes on the Rewards Credits that are cashed out. You can find more information on the cash-out process in the Rewards FAQs. Rewards Credits cannot be used towards any shipping costs, sales taxes, or other similar charges.
Subject to the below restrictions, there are no limitations to the amount of Rewards Credits that you can receive. However, You may use only one account per person and no more than five (5) customer accounts per household can participate in this Rewards Program.
Vitaminsfromusa will track orders that qualify under this Rewards Program and may make those tracked orders available to You for up to three (3) months.
For the purposes of determining the participant that will receive Rewards Credits for each qualifying Referred Customer order, Vitaminsfromusa will look to the Rewards Link or Rewards Code that was last used when finalizing such Referred Customer order.
Vitaminsfromusa reserves the right to pause or block your participation in the Rewards Program, as well as reduce or adjust any Reward Credits if Vitaminsfromusa determines in its sole discretion that the participant is in violation of any of the terms of this Agreement, or is in any way abusing Vitaminsfromusa’s Rewards Program. Paused accounts will be unable to use or earn Rewards Credit. If Your account is blocked, Your Rewards Link and Rewards Code will not earn Rewards Credits and all pending and available Rewards Credits will be zeroed out.
Rewards Program Accounting and Payment Information
The actual amount of any earned Rewards Credit referrals will be calculated based on either the five percent (5%) commission from each existing customer order or a flat five dollar USD ($5 USD) from each new customer order plus an additional percentage of the total net purchase price of the qualifying products from our Super Rewards offers ordered by a Referred Customer.
Rewards Credits earned from referral purchases will generally be posted to Your account within thirty-five (35) days following the qualifying transaction which is completed by a Referred Customer (“Pending Credit”). This time period is necessary to address any cancelled orders, returned products, cashback issues or other related issues. After the 35-day period referenced above for Rewards Credit earned through referral purchases, Pending Credits will be available in Your account to be applied to future purchases (“Available Credit”).
Any Rewards Credits earned from the first 10 submission of an eligible and approved review within each 24 hour time frame will be posted to Your account as immediately available for use. Any Rewards Credit earned from approved review submission over 10 per 24 hours will go through a 48 hour pending period before becoming available for use.
Rewards Credit earned through the receipt of an eligible helpful vote will generally be posted to your Account as “Pending Rewards Credit” within the same day. After an eligible helpful vote is received, the Rewards Credit will remain pending for thirty-five (35) days before becoming available in Your account to be applied to future purchases.
Available Credit expires one hundred-eighty (180) days after posting to Your account. The 180-day expiration period resets when You earn new Rewards Credits during this time period.
Once an Available Credit has been used, that amount will be deducted from Your account (“Used Credit”).
Any Pending Credit or Available Credit may be adjusted accordingly in the event that a Referred Customer subsequently returns or refuses a previously placed order (“Cancelled Credit”), for technical errors, or corrections.
Rewards Credits Cash Out
If You meet or exceed the minimum thresholds, You may elect to, if eligible, cash out Your Rewards Credits and receive payment. Vitaminsfromusa partners with Hyperwallet (powered by PayPal) to cash out Rewards Credits. You may only cash out Rewards Credits if Hyperwallet supports your country. If Hyperwallet does not support your country, you are not eligible to cash out Rewards Credits. See the Rewards FAQ for the list of countries that Hyperwallet currently supports. Payment will be delivered within fifteen (15) business days after the participant elects to cash out. Any Rewards Credits in a participant’s account that is below the required cash out threshold will be rolled over to the next month subject to the terms above.
Tax Information
You will be responsible for any and all tax liability arising from any Rewards Credits you accumulate under the Rewards Program when you accumulate six hundred dollars ($600) or more in a year in the United States. Vitaminsfromusa is obligated by United States federal law to obtain tax information from Rewards Program participants who are United States citizens or United States residents (W-9) and from Rewards Program participants who are not United States citizens or residents but whose businesses are taxable in the United States (W8-ECI). Upon creating an account with Vitaminsfromusa’s partner, Hyperwallet (powered by PayPal), users will be asked to submit the appropriate tax form. If Vitaminsfromusa believes You are a Rewards Program participant from whom Vitaminsfromusa is obligated to obtain tax information and You do not provide this information upon request, Vitaminsfromusa reserves the right to withhold your Rewards Credits cash out until You provide this information or otherwise satisfy Vitaminsfromusa that You are not a person from whom Vitaminsfromusa is required to obtain tax information. For US citizens or residents, information about submitting tax information is also available on Hyperwallet (powered by PayPal).
If You are not a resident of the United States and You have not accrued any tax liability in the United States You are still responsible for paying any applicable taxes in your home country for any Rewards Credits You cash out. It is Your responsibility to determine what taxes apply to the payments You receive, and it is Your responsibility to collect, report and remit the correct tax to the appropriate tax authority.
General Rewards Program Restrictions
All participants in Vitaminsfromusa’s Rewards Program must comply with the terms of this Agreement and Vitaminsfromusa’s policies governing the use of its programs, including the Code of Conduct. Failure to abide by this Agreement and the incorporated Code of Conduct, may result in the pausing or blocking of Your Rewards Program account.
Vitaminsfromusa reserves the right to invalidate Rewards Credits if it determines that such Rewards Credits were improperly posted to Your account, or were obtained fraudulently or in violation of this Agreement, or otherwise unlawfully acquired. Rewards Credits are not saleable, transferable, or assignable for any reason.
All accounts must be in the name of a different living person, not a business entity.
Vitaminsfromusa assumes no liability for discrepancies, delays, omissions, inconsistencies or errors in the calculation and the crediting of the Rewards Credits. The decisions of Vitaminsfromusa with respect to the Rewards Program, including without limitation, the qualifying purchases, earned Rewards Credits, and Rewards Credits account balances are final, binding, and non-appealable in all respects.
If You create multiple accounts or attempt to participate in the Rewards Program using multiple identities, then Vitaminsfromusa, in its sole discretion, may disqualify You and void any or all such accounts. Rewards Credits may not be combined with different promotions for any purpose.
Vitaminsfromusa reserves the right to cancel any orders placed on the Site in accordance with the Agreement.
You are not permitted to engage in any form of commercial advertising as this Rewards Program is not intended for commercial purposes. Rewards Links and Rewards Codes are strictly prohibited from being placed on commercial sites (including but not limited to deal or coupon sites, eBay, Amazon, etc.) and will result in Your account and funds being blocked.
You are also prohibited from engaging in any kind of reciprocal referrals that are intended to abuse and disrupt the normal operation of the Rewards Program.
General Promotional Restrictions
You may share Your Vitaminsfromusa Reviews or My Vitaminsfromusa Page, as well as Your Vitaminsfromusa Rewards Link on a personal blog, website or on your personal social media accounts (e.g. Facebook, Twitter and VK) subject to the terms and conditions of those accounts. However, Your social media profile may not contain an avatar or any other content that could be interpreted as being managed, endorsed, or approved by Vitaminsfromusa and no part of Your username can include, contain, or otherwise refer to the word “Vitaminsfromusa”. Conversely, You cannot use, or reference, Your Rewards Code in any of Your personal social media account usernames, social media URLs or Your Vitaminsfromusa profile pages. You are prohibited from posting Your Rewards Link and Rewards Code on any official Vitaminsfromusa social media account or the Vitaminsfromusa website (reviews, Q&A, My Vitaminsfromusa, etc.) in an attempt to generate Rewards Credits. You are also prohibited from posting any comments on any official Vitaminsfromusa social media account or Vitaminsfromusa’s website that direct or indirectly appear to promote or attempt to redirect users to other links or webpages (including, but not limited to websites, social media accounts, blogs, or forums) that feature or distribute Your Rewards Link or Rewards Code.
Your blog, website, or social media pages may not resemble Vitaminsfromusa’s website or include any content that could imply an affiliation with Vitaminsfromusa. Any content You choose to post on Your personal accounts is solely Your responsibility, Vitaminsfromusa makes no claim to such content.
You may email Your Vitaminsfromusa Rewards Link using Your personal email or using the “Share” icon found on Vitaminsfromusa’s website. However, such emails cannot appear to be sent or sponsored by Vitaminsfromusa. You represent and warrant that You will not engage in and/or facilitate spamming, unsolicited commercial email or otherwise fail to comply with the CAN-SPAM Act of 2003 (15 U.S.C. §§ 701 et seq.) as amended, and/or any other laws and/or regulations that govern email marketing and/or communications.
You may not purchase or use domain or subdomain names that include the word “Vitaminsfromusa” or certain variations and misspellings in any username, group name, or identifier on a social networking site. Examples of such domains include, but not limited to www.Vitaminsfromusa.sitename.com, www.Vitaminsfromusa-sitename.com, www.ayherb.com, www.i-herb.com, www.ay-herb.com, or www.ayeherb.com.
You may not create or utilize any client side application (browser plugin, extension, executable, etc., installable by the end user) on any device that might imply affiliation with Vitaminsfromusa. Additionally, to the extent that You create an app, such apps may not integrate and/or use Vitaminsfromusa’s name, logo, app, or any other intellectual property in any manner.
Additional restrictions on Your promotional activity include, without limitation:
Promotional activity may not contain violent, defamatory, discriminatory, sexually explicit materials, or contain content suggesting or promoting illicit activity.
You may not link any content to, or redirect traffic to sites other than Vitaminsfromusa.com (parts of Your site that do not promote Vitaminsfromusa’s products may contain links to other sites.)
You may not alter, delete, or add any additional material or information about any promotion in any manner which may be misleading to customers.
You will promptly remove items that are no longer advertised or sold by Vitaminsfromusa.
You will promptly remove promotional material and promotions that are no longer advertised or validated by Vitaminsfromusa.
You will not use names or likenesses in a matter implying a person’s or company’s endorsement of or sponsorship of, or commercial association (including placing unrelated materials in close proximity to content) with Vitaminsfromusa.
You may not include on your site, display, or otherwise use links or content which contain or have a connection to viruses, or malicious or harmful code, or any application not knowingly and expressly authorized by users prior to being downloaded.
You may not attempt to redirect or intercept traffic from any site participating in the Rewards Program.
You may not incorporate Vitaminsfromusa.com into a webview or integrated web browser within a mobile application.
You may not use transitional pages, pop–up and/or layered ads for promotional activity.
Artificially generating clicks or impressions to create sessions on Vitaminsfromusa.com, whether by software or otherwise is prohibited.
You may not use Your Rewards Link or Rewards Code to generate Rewards Credits from Your own personal purchases or for any commercial resell purposes.
All “paid” placements (including but not limited to paid search, display ads, social retargeting, etc.) and redirecting links are prohibited and may result in the suspension of the Rewards Program linked to Your account and any Rewards Credits accrued from such activity will be reduced or cancelled. For purposes of this Agreement a “paid search” is an advertisement purchased through bidding on keywords, search terms or other participation in a keyword auction such as Google, Yahoo, Bing, Yandex, Baidu, Naver or any other search engine, portal, sponsored advertising service, or other search or referral service, or any site that participates in any of their respective networks.
You may not use tactics to artificially increase Your organic page rank for search terms, such as using certain phrases on your accounts including, but not limited to, “Vitaminsfromusa coupon” and “Vitaminsfromusa discount” and participate in link schemes that include any behavior of manipulating links to your site or outgoing links from your site.
You agree to indemnify, defend, and hold Vitaminsfromusa, and its employees, harmless from any legal claim, demand, penalties, fines, judgments, costs or other reasonable expenses (including reasonable attorney’s fees) arising from or relating to your participation in the Rewards Program (i) in violation of these Terms of Use, or (ii) which infringes on the rights of any third party.
Account Verification
All accounts, qualifying purchases, and/or Rewards Credits are subject to verification at the sole and absolute discretion of Vitaminsfromusa. Vitaminsfromusa reserves the right to void Rewards Credits and suspend/block Your account from any IP address or device if any type of fraudulent or suspicious activity is detected or suspected. In the event of an inconsistency between the amount of Rewards Credits You may have accrued in Your account as stated on Your records and Vitaminsfromusa’s internal records, Vitaminsfromusa’s internal records shall control. Should there be any disputes that arise regarding these Terms of Use, any decision made by Vitaminsfromusa shall be conclusive and final in each case.
No Rewards Credits will be valid if associated with any participant account deemed void for violations of any provisions contained in these Terms of Use or Code of Conduct.
Vitaminsfromusa will send you an email notification when voiding Your Rewards Credits and/or pausing or blocking your account, provided that You have opted-in to receive Rewards notifications and communications, which You can check on Your Communication Preference page.
Rewards Program Termination
In the event of termination of this Rewards Program, and if You are in compliance with the Terms of Use, Vitaminsfromusa will to distribute Rewards Credits to You, in Vitaminsfromusa’s sole and absolute discretion, either in the form of Rewards Credits to be used towards Site purchases or a check. Any such distribution is limited to a maximum of three (3) months of Rewards Credits, calculated based on Your Rewards Credits for the month prior to the month in which the Rewards Program is terminated.
Vitaminsfromusa may change its policy or set limitations and restrictions on this Rewards Program at any time and without any form of notice. Except as expressly stated above, Vitaminsfromusa shall not have any liability or obligation with regards to the application of this Rewards Program and any decision that Vitaminsfromusa makes in relation to your Rewards Credits.
Vitaminsfromusa Autoship & Save Program (“Autoship & Save”)
Only customers in the United States, Japan, and Hong Kong are eligible to participate Vitaminsfromusa’s Autoship & Save. By placing an order through Autoship & Save, you accept these terms, conditions, limitations and requirements. Please read this section carefully.
Benefits
The Autoship & Save benefits discussed on the Autoship & Save Frequently Asked Questions page are part of these Terms. Vitaminsfromusa reserves the right to change the Autoship & Save benefits, including the discount amounts and eligibility used to determine discount amounts, at any time in its sole discretion. All changes will apply to future orders, including for current subscriptions.
Some of the offer details may change as you receive deliveries over time (for example, price, taxes, availability, shipping charges, and the seller).
Your Autoship & Save subscription will automatically create a new order according to your chosen delivery schedule, until you cancel.
We may, in our sole discretion, terminate your subscriptions at any time without notice. If we do so, you will only be charged for orders that have been shipped to you.
Eligible Purchases
Autoship & Save benefits are limited to items displaying the Autoship & Save information on the product page. To see a full list of eligible items, visit https://www.Vitaminsfromusa.com/cl/autoship-save. Autoship & Save is only available to customers shipping to addresses in the United States, Japan, and Hong Kong. Your participation in the Autoship & Save program is personal to you, and you may not assign or transfer your subscription or any of the benefits to any third party without our authorization.
Autoship & Save discounts and any Autoship & Save limited time special subscription promotions in effect apply only to eligible items displaying the offer message on the Autoship & Save item information pages, and then only if you select the Autoship & Save delivery method. Subscriptions are good while supplies last. Special limited time subscription promotions only apply during their effective dates.
Autoship & Save subscriptions are void where prohibited.
Payment; Renewal
The total cost charged to your payment method for each Autoship & Save order will be the cost of the item on the day that order is processed less the Autoship & Save discount, plus any applicable sales tax and shipping charge. If you have Rewards Credits, those available Rewards Credit will automatically apply to both your initial Autoship & Save order and your recurring Autoship & Save orders before payment is applied.
The charge for each Autoship & Save item shipment will be billed to the payment method used to create your subscription or as otherwise directed by you. If we are unable to complete your Autoship & Save order with the payment method you used to create your subscription, you authorize us to update your subscription with another payment method in your account and to charge that payment method for your Autoship & Save order.
Cancellation
Your subscription will remain in effect until it is cancelled. You can cancel at any time. If you cancel your subscription and then reactivate it, the discount applied to any Autoship & Save item may not be the same discount in effect at the time of cancellation. If the Autoship & Save discount percentage for such Autoship & Save item changes, the new discount will be applied to your future shipments of that item. For additional information about canceling your Autoship & Save Subscription please see the Autoship & Save Frequently Asked Questions page.
Agreement Changes
We may, in our sole discretion, change these Terms without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED PARTICIPATION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTIONS.
Vitaminsfromusa Affiliate Program
The Affiliate Program is open to websites that are looking to monetize their traffic by referring sales to Vitaminsfromusa using an Affiliate link. Sites that are eligible to join include but are not limited to: coupon sites, loyalty sites, content sites, subnetworks, etc. To learn more about and apply to the Affiliate program, visit https://www.Vitaminsfromusa.com/info/affiliates . Your application is subject to review and approval.
Liability Disclaimer
YOU AGREE THAT THE USE OF THE SITE OR PARTICIPATION IN ANY PROGRAM IS AT YOUR SOLE RISK. THE SITE, THE PROGRAMS AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. Vitaminsfromusa AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF ANY OF THEM (COLLECTIVELY, “Vitaminsfromusa ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Vitaminsfromusa ENTITIES EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS ATTRIBUTABLE TO NORMAL WEAR, PRODUCT MISUSE OR MODIFICATION, ABUSE, INCORRECT PRODUCT SELECTION AND NOT FOLLOWING PRINTED DIRECTIONS.
Vitaminsfromusa ENTITIES MAKE NO WARRANTY THAT THE SITE OR ANY PROGRAM WILL MEET YOUR REQUIREMENTS, THE SITE WILL BE TIMELY, SECURE, ERROR FREE OR UNINTERRUPTED, THE RESULTS OBTAINED FROM THE SITE OR FROM ANY PROGRAM WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS AND ANY SITE ERRORS WILL BE CORRECTED. Vitaminsfromusa DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. Vitaminsfromusa IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, PRODUCT DESCRIPTIONS, TEXT OR PHOTOGRAPHY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR VIA ANY PROGRAM IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. NO INFORMATION OBTAINED BY YOU FROM Vitaminsfromusa ENTITIES, THROUGH THE SITE OR THROUGH A PROGRAM SHALL CREATE ANY WARRANTY RELATING TO THE SITE OR SUCH PROGRAM NOT EXPRESSLY STATED IN THIS AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Vitaminsfromusa ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF Vitaminsfromusa ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE ARRANGEMENT BETWEEN Vitaminsfromusa AND YOU. THE PRODUCTS, INFORMATION, PROGRAMS AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (I) IF YOU ARE A CUSTOMER, THE MAXIMUM LIABILITY OF Vitaminsfromusa ENTITIES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM Vitaminsfromusa ON THE SITE, AND (II) IF YOU ARE A PARTICIPANT IN ANY PROGRAM, THE MAXIMUM LIABILITY OF Vitaminsfromusa ENTITIES SHALL BE LIMITED TO THE AMOUNT CREDITED OR PAID TO YOU BY Vitaminsfromusa UNDER THE APPLICABLE PROGRAM DURING 12 MONTHS PRIOR TO THE DATE LEADING TO LIABILITY.
BECAUSE SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR PARTICIPATION IN ANY PROGRAM OR WITH ANY OF THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR PARTICIPATING IN THE APPLICABLE PROGRAM. IN NEW JERSEY, THESE DISCLAIMERS AND LIMITATIONS DO NOT APPLY TO LIABILITY RESULTING FROM INTENTIONAL OR RECKLESS CONDUCT, GROSS NEGLIGENCE, STRICT LIABILITY, NEGLIGENCE, OR VIOLATION OF A STATUTORILY IMPOSED DUTY ON THE PART OF Vitaminsfromusa.
WE MAKE NO GUARANTEE OR WARRANTY WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES FOR INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY THIRD PARTIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NEW JERSEY, THIS LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY DUE TO INTENTIONAL OR RECKLESS CONDUCT, GROSS NEGLIGENCE, STRICT LIABILITY, NEGLIGENCE OR VIOLATION OF A STATUTORILY IMPOSED DUTY ON THE PART OF Vitaminsfromusa.
Indemnification:
You agree to indemnify, defend and hold harmless Vitaminsfromusa from and against all losses, expenses, costs and damages including attorney’s fees resulting from your use or inability to use the Site, participation in any Program, products or services purchased or obtained by You in connection with the Site, any Site postings or activity related to your account made by You or another person, Your violation of any terms of this Agreement, Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. You agree to cooperate as fully as reasonably required in the defense of any such claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you pursuant to his section, in which event you will still be required to indemnify us for the attorneys’ fees and expenses in addition to any losses, claims, damages and liabilities incurred by us as a result of this claim. You shall not in any event settle any matter without prior written consent of Vitaminsfromusa. In New Jersey, this indemnification provision does not apply to your liability resulting from intentional or reckless conduct, gross negligence, strict liability, negligence, or violation of a statutorily imposed duty on the part of Vitaminsfromusa.
Copyright, Trademarks and other Intellectual Property
You acknowledge that this Site and all materials on the Site or provided in connection with the Programs, including without limitation the Site’s or Programs design, text, graphics, sounds, pictures, software and other files, its look and feel, and the selection and arrangement thereof, (collectively, “Materials”), are our property and are subject to and protected by United States and international copyright or other intellectual property laws and rights. The trademarks, service marks, trade dress, trade names, and logos contained on the Site, including without limitation trademarks registered in the United States, Vitaminsfromusa®, Madre Labs®, Mushrex®, MicroFungi®, Cococeps®, Caféceps®, CocoCardio® and Mild By Nature®, and additional trademarks Love Letter™, Sply™, Sierra Mama™, Just a Leaf™, Just a Bean™, Immune Punch™ and Notes to Self™ (collectively, “Marks”) (collectively, “Marks”) are the sole property Vitaminsfromusa or its affiliates. In addition all page headers, custom graphics and custom icons are Marks of Vitaminsfromusa. Vitaminsfromusa grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Materials and Marks only in the manner permitted by Vitaminsfromusa for your personal and non-commercial use only (the “License”). You agree not to copy, modify, use, distribute, transmit, republish, sell, resell or exploit, for any purpose, any portion of the Site, Materials or Marks other than as expressly authorized by Vitaminsfromusa in writing. This License remains in effect until this Agreement is terminated by either you or us in accordance with this Agreement. Any unauthorized use of the Materials or Marks shall be grounds for termination of the License. All rights not expressly granted herein are reserved by Vitaminsfromusa and its licensors. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved.Site references to third parties or their copyrights, trademarks or other intellectual property do not constitute or imply affiliation with, endorsement, or recommendation of Vitaminsfromusa by the respective trademark owners, or by Vitaminsfromusa of the respective trademark owners.
Agreement:
This Agreement constitutes the only Agreement between us and you with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
Severability; Interpretation
If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remainder of this Agreement will remain in force. When used in this Agreement, the term “including” will be deemed to be followed by the words “without limitation”.
Applicable Law; Jurisdiction; Individual Arbitration; Waiver of Jury Trial; and Class Waiver:
All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed in accordance with the domestic laws of the State of California, without giving effect to any choice of law or conflict of law.
Vitaminsfromusa and You (collectively the “Parties” and individually a “Party”) further agree that the following agreement to arbitrate is part of an agreement made in interstate commerce and is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16, and that on questions of the constructive, validity, enforcement, or interpretation of the agreement to arbitrate, the FAA shall control. You and Vitaminsfromusa Entities agree to arbitrate, on an individual basis, any controversy, claim or dispute arising out of or in any way related to this Agreement, including but not limited to claims based on contract, tort, negligence, statutory or regulatory provisions. It is expressly intended that the Vitaminsfromusa shall have the ability to enforce this arbitration agreement. EACH PARTY IS GIVING UP (WAIVING) ITS RIGHT TO SUE IN COURT AND TO HAVE ANY CONTROVERSY, CLAIM OR DISPUTE HEARD BY A JUDGE OR JURY.
YOU AND Vitaminsfromusa ENTITIES EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT. THIS AGREEMENT TO ARBITRATE ALSO APPLIES TO THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATED TO WHETHER THE AGREEMENT IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION.
THE PARTIES ALSO AGREE THAT ANY ARBITRATION MAY ONLY BE BROUGHT IN YOUR AND OUR INDIVIDUAL CAPACITIES, NOT AS A CLASS, PURPORTED CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE INDIVIDUAL OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, COLLECTIVE, OR CLASS PROCEEDING. IF ANY PORTION OF THIS CLASS WAIVER PROVISION IS HELD INVALID OR UNENFORCEABLE, IT SHALL NOT BE SEVERED, AND THE ENTIRE AGREEMENT TO ARBITRATION SHALL BE UNENFORCEABLE.
The mutual promise by you and Vitaminsfromusa Entities to arbitrate these disputes, and to do so on an individual basis, rather than to litigate before the courts or other bodies, provides the mutual consideration for this agreement to arbitrate.
Either Party may exercise the right to arbitrate by providing the other Party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other Party of the substance of such claims, and a demand to arbitrate those claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.
Unless you and Vitaminsfromusa otherwise agree, the arbitration will be conducted in the county where you reside by a single neutral arbitrator agreed to by the Parties or, if one cannot be agreed upon, pursuant to the then-current American Arbitration Association’s (“AAA”)_Consumer Arbitration Rules. Arbitration shall be in accordance with the then- current AAA Consumer Arbitration Rules (available online at www.adr.org.) or, if those rules are no longer available, the applicable rules selected by the arbitrator; provided, however, that no rules permitting class, collective, or other representative arbitrations shall be used. In the event of any conflict between this agreement to arbitrate and the rules governing the arbitration, the terms of this agreement to arbitrate shall control.
The Parties are entitled to representation by an attorney or other representative of their choosing, and at their own costs. Each Party shall pay its own attorney fees. The parties agree to abide by and perform any award rendered by the arbitrator; provided, however, that the arbitrator shall not have the authority to award punitive or exemplary damages or to issue injunctive or other equitable relief. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
Miscellaneous:
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns.
The failure of Vitaminsfromusa to enforce your strict performance of any term of this Agreement will not constitute a waiver of such term and will not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be permanently barred. The “Liability Disclaimer” provisions of this Agreement are for the benefit of Vitaminsfromusa Entities as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against your on its own behalf.
Contact Us:
If you have any questions about this Agreement, please contact our Customer Service team.