PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS MOBILE APPLICATION.

These terms and conditions of use ("Terms of Use") govern your (“you” or “your”) access to, and use of, the VitaminPacks.com website (the "Site"), owned by VitaminPacks Inc. (hereinafter referred to as “Vitamin Packs"), and the information and services (the "Services") provided by Vitamin Packs. These Terms of Use do not alter in any way the terms or conditions of any written agreement signed by you and Vitamin Packs. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and the term “you” shall refer to you personally and such entity.

All other questions or comments about the Site or its contents should be directed to info@VitaminPacks.com.

1. Nature of the Service.

Vitamin Packs provides a website for the recommendation and purchase of nutritional supplements based on information you provide about your age, gender, lifestyle, and health.

2. Privacy

When you accept these terms, you thereby also accept the terms of Vitamin Packs’ Privacy Policy.

3. Copyright and Limited License

The Site and all content on the Site, including, without limitation, the Vitamin Packs logo(s), and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are the property of Vitamin Packs and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Site and Materials. Such license is subject to these Terms of Use and does not include or authorize: (a) any resale or commercial (business) use of the Site or the Materials therein; (b) the distribution, public performance, or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Site or the Materials, or any portion thereof; (d) use of automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site or Service; (e) downloading (other than page caching) of any portion of the Site, the Materials, or any information contained therein, except as expressly permitted; (f) any attempt to gain unauthorized access to Vitamin Packs’ computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site; (g) collect or harvest any personally identifiable information, including, but not limited to, company names, domain names, or account names, from the Site or Service; (h) any use of the Site or the Materials other than for their intended purpose. Any use of the Site or the Materials other than as specifically authorized herein, without the prior written permission of Vitamin Packs, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

4. Trademarks

“Vitamin Packs”, the Vitamin Packs logo, and any other product or service name or slogan displayed on the Site or Services are trademarks of Vitamin Packs and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Vitamin Packs or the applicable trademark holder. You may not use any metatags or any other “hidden text” using “Vitamin Packs” or any other name, trademark or product or service name of Vitamin Packs without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Vitamin Packs and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Vitamin Packs names or logos displayed on the Site or through the Service are the property of their respective owners.

5. Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray Vitamin Packs, any of its products and services, in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Vitamin Packs logo or other proprietary graphic to link to the Services without the express written permission of Vitamin Packs. Further, you may not use, frame or utilize framing techniques to enclose any Vitamin Packs trademark, logo or other proprietary information, including the images found on the Site, the content of any text, or the layout/design of any page or form contained on a page on the Site without Vitamin Packs’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Vitamin Packs or any third party.

6. Links to Third Party Content

Vitamin Packs may provide links to Web pages and content of third parties as a service to those interested in such links and content, and Vitamin Packs may post third party content (“Third Party Content”). Vitamin Packs does not monitor or have any control over any Third Party Content or third party websites. Vitamin Packs does not endorse or adopt any Third Party Content or third party websites and can make no guarantee as to its accuracy or completeness. Vitamin Packs does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content or third party Websites. Users use these links, Third Party Content, and third party websites at their own risk. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website or application to which you navigate from the Site.

7. Third Party Goods and/or Services

The Site may also provide information regarding or link to certain applications and goods and/or services provided or offered by third parties (collectively the "Third-Party Goods and Services"). Vitamin Packs makes no guarantee, representation, or warranty of any kind as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Services or the results obtained therefrom, and Vitamin Packs assumes no responsibility or liability for any Third Party Goods and/or Services or for the actions or failure to act of those providing such Third-Party Services. You assume full responsibility for your use of any such Third-Party Services, and Vitamin Packs is not responsible or liable for any Third-Party Services. In the event of a dispute between any consumer and vendor, the parties will work out the dispute themselves.

8. Advertisements and Promotions

Vitamin Packs may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Vitamin Packs, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Vitamin Packs is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Services.

9. No Medical Advice

Vitamin Packs is not a health care provider. You should not use the information on this Site for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. For any products or services purchased from the Site, you should read carefully all product packaging and instructions. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this Site. Information provided by Vitamin Packs and the use of any products or services purchased from the Site by you DOES NOT create a doctor-patient relationship between you and Vitamin Packs or any physicians affiliated with Vitamin Packs. Vitamin Packs does not provide medical advice. Information provided by Vitamin Packs and third parties is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional or any information contained on or in any product label or packaging.

10. Disclaimers and Acknowledgements Regarding Use of Services Information

THE SITE, THE MATERIALS AND ANY AND ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VITAMIN PACKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS. VITAMIN PACKS DOES NOT REPRESENT OR WARRANT THAT MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SITE, OR ANY SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. VITAMIN PACKS DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

VITAMIN PACKS IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SERVICES OR ACCESSED THROUGH ANY SERVICE. WHILE VITAMIN PACKS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, VITAMIN PACKS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND NEUTRALIZE VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.

Vitamin Packs reserves the right to change any and all of its content contained on the Site and any Services offered through the Site at any time without notice.

11. Limitation of Liability

IN NO EVENT SHALL VITAMIN PACKS OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM VITAMIN PACKS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO VITAMIN PACKS’ RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF VITAMIN PACKS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE OR THE SERVICE, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO VITAMIN PACKS FOR ACCESS TO OR USE OF THE SITE OR THE SERVICE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “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.”

12. Arbitration

You and Vitamin Packs agree that except as otherwise specifically provided in this paragraph, any controversy or claim arising out of or relating in any way to these Terms or the Terms of Service or the breach of either, or arising out of or relating to the Site and/or the Services shall be resolved exclusively by arbitration administered by the American Arbitration Association (the "AAA") in accordance with its Commercial Arbitration Rules and, in the case of consumer disputes, with the AAA's Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules"), and that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark, or trade secret rights, then the parties acknowledge that arbitration is not an adequate remedy at law and that without waiving any remedy under these Terms or Terms of Service, injunctive or other appropriate relief may be sought from any court specified in the next Section (Applicable Law and Venue). The place of arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules. To the fullest extent permitted by applicable law, no arbitration or claim shall be joined to any other arbitration or claim, and no class arbitration proceedings shall be permitted. In no event shall any claim, action, or proceeding related in any way to the Site or Service be instituted more than two (2) years after the cause of action arose. In the event that any term of this Section (Arbitration) is held by a court or arbitrator to be in conflict with a mandatory provision of applicable law, such conflicting term shall be modified to comply with such provision and the remainder of this Section shall not be affected.

13. Applicable Law and Venue

These Terms the Terms of Service and your use of the Services shall be governed by and construed in accordance with the laws of the United States of America and the State of Washington applicable to agreements made and to be entirely performed within the State of Washington (even if your use is outside of the State of Washington), without resort to its conflict of law provisions. You agree that with respect to any disputes or claims between us not subject to arbitration (as set forth above), they shall be filed only in the state or federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

14. Severability

If any of these Terms or the Terms of Service should be determined to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction then such term shall be enforced only to the extent it is enforceable and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.

15. Waiver.

No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

16. Force Majeure.

If the performance of the Services or any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered, or delayed by such causes.

17. Entire Agreement.

TVitamin Packs respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied and is accessible on our Site in a way that constitutes copyright infringement, you may notify Vitamin Packs by providing our copyright agent the following information:

18. Copyright Complaints

Vitamin Packs respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied and is accessible on our Site in a way that constitutes copyright infringement, you may notify Vitamin Packs by providing our copyright agent the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. Identification of the URL or other specific location on our Site where the material that you claim is infringing your copyright interest is located;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our agent for notice of claims of copyright infringement on our Site can be reached as follows:
By mail:
VitaminPacks Inc.
7713 Center Blvd SE – Suite 250
Snoqualmie, WA 98065
By email:
info@vitaminpacks.com
By phone:
800-983-3887

Disclaimers

COPYRIGHT NOTICE Copyright 2017 Vitamin Packs, Inc. doing business as www.vitaminpacks.com. All rights reserved. Any rights not expressly granted herein are reserved.

These Terms of Service were last updated on 06/12/17.