TERMS OF USE

These Terms of Use (“Terms of Use”) apply to your use of this Site. Any purchase of products or services available through this Site is governed by the Terms of Purchase (“Terms of Purchase”) on the applicable Company website, which is incorporated herein by reference. In addition, your use of this Site is governed by the Privacy Notice, which is incorporated herein by reference.

Throughout the Site, the terms “we,” “us,” and “our” refer to the Company. The Company offers this Site, including all information, tools, and services available from this Site, to you, the user, conditioned upon your acceptance of these Terms of Use. Your continued use of this Site constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.

PLEASE READ THESE TERMS OF USE CAREFULLY, TOGETHER WITH THE PRIVACY NOTICE AND ANY OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF USE, BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW.

Data Integrity

You represent that all information, data, and other materials you provide on this Site or to the Company through any other means are true, accurate, current, and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.

Privacy Notice

A copy of the Privacy Notice applicable to the collection, use, disclosure, and other processing of personal information on this Site is located at http://VitaScishop.com. You consent to any personal information we may obtain about you (whether through this Site, email, telephone, or any other means) being collected, stored, and processed in accordance with the terms of the Privacy Notice.

License and Access to the Site

All content available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof) is the exclusive property of, and owned by, the Company, its licensors, or its content suppliers, and is protected by copyright, trademark, and other applicable laws.

The Company grants you a limited license to access and make personal use of this Site. Unless otherwise indicated, you may access, copy, download, and print the content available on this Site for your personal, non-commercial use, provided that you do not modify or delete any copyright, trademark, or other proprietary notices that appear on the content. The Company or its licensors or content suppliers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide this content to you under a license that may be revoked at any time in the Company’s sole discretion.

The Company strictly prohibits any other use of any content available through the Site, including, but not limited to:

  • any downloading, copying, or other use of the content or the Site for purposes competitive with the Company or for the benefit of any other merchant or any third party;

  • any caching, unauthorized linking to the Site, or framing of any content available on the Site;

  • any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer, sale, or the creation of derivative works of any content, products, or services obtained from the Site that you do not have the right to make available (such as another party’s intellectual property);

  • any uploading, posting, or transmission of any material that contains software viruses or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer;

  • using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site (including, but not limited to, the use of any “scraping” techniques or other data mining techniques, robots, or similar data gathering and extraction tools); or

  • any action that imposes or may impose (in the Company’s sole discretion) an unreasonable or disproportionately large load on the Company’s infrastructure, or damages or interferes with the proper working of our infrastructure.

You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider fees or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not circumvent any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any access or use that in any way involves an account you may establish on the Site or any device you may use to access the Site) will terminate the authorization or license granted to you by the Company.

The Company reserves the right to refuse or cancel registration of any person for this Site, remove any person from this Site, and prohibit any person from using this Site for any reason, and to limit or terminate your access to or use of the Site at any time without notice. The Company does not warrant or represent that your use of the content available on this Site will not infringe the rights of third parties not affiliated with the Company. Termination of your access or use will not waive or affect any other right or remedy to which the Company may be entitled, at law or in equity.

Content You Submit

You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality, and copyright of such content. You may not upload, distribute, or otherwise publish through this Site any content that is confidential, proprietary, invasive of privacy or publicity rights, infringes intellectual property rights, is unlawful, harmful, threatening, false, fraudulent, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically, or otherwise objectionable, including, but not limited to, any content that encourages conduct that would constitute a crime, violate the rights of any party, otherwise give rise to civil liability, or violate any applicable law.

You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content.

With respect to any content that you submit, post, upload, publish, or otherwise make available through the Site (except for personal information, which is handled in accordance with the Privacy Notice), you grant the Company a perpetual, irrevocable, non-terminable, worldwide, transferable, royalty-free, and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works from, and sublicense such content or any portion of such content, in any media. Any such content will not be treated as confidential.

You hereby represent, warrant, and covenant that:
(i) any content you provide does not include anything (including, but not limited to, text, images, music, or video) for which you do not have full rights to grant such a license to the Company; and
(ii) the Company is free to exercise its rights in and/or implement your content if it chooses, without obtaining permission or a license from any third party and without reference to you or any other person.

Links

This Site may contain links to other websites or resources that are operated by third parties not affiliated with the Company. These links are provided as a convenience to you and as additional access to the information contained therein. We are not responsible for, and assume no liability for, the content, advertising, products, or other materials on or available from such sites or resources.

The inclusion of links to other sites or resources should not be viewed as an endorsement of the content of the linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked site or resource. The Company is not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on such content, products, or services available on or through any linked site or resource.

DISCLAIMERS

EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS OF USE OR IN THE TERMS OF SERVICE OR TERMS OF PURCHASE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS, COVENANTS, OR WARRANTIES AND PROVIDES NO OTHER CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS, SUITABILITY FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT ON THE SITES, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE COMPANY SITES, AND ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE COMPANY DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE FREE OF VIRUSES; OR THAT THE INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE, OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE WILL CREATE ANY WARRANTY OF ANY KIND.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT ALLOW DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, COMMUNICATIONS WITH THIRD PARTIES, AND YOUR PURCHASE AND USE OF PRODUCTS AND SERVICES AVAILABLE THROUGH THE COMPANY SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE.

ACKNOWLEDGING THIS, YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS (THE “COMPANY PARTIES”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO:
(1) THIS SITE OR ANY OTHER SITE OR RESOURCE ACCESSED THROUGH A LINK FROM THIS SITE;
(2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US;
(3) ANY PRODUCT OR SERVICE AVAILABLE OR PURCHASED THROUGH THE COMPANY SITES, INCLUDING ANY DAMAGE OR INJURY ARISING FROM USE OF SUCH PRODUCTS OR SERVICES (INCLUDING PRODUCT LIABILITY);
(4) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE SITE;
(5) THE MODIFICATION, REMOVAL, OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR
(6) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IT IS THE USER’S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGE OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION LINE FAILURE, NETWORK OR SYSTEM FAILURE, LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS, ALTERATION, LOSS, OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE FOREGOING CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE USE OF THE SITE.

YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES OR THE CAUSE OF ACTION WILL BE PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You will indemnify and hold the Company Parties harmless from and against any and all fines, penalties, liabilities, losses, and other damages of any kind (including attorneys’ and experts’ fees) incurred by the Company Parties, and will defend the Company Parties against any and all claims arising out of:
(1) your breach of these Terms of Use;
(2) your breach of the Terms of Purchase;
(4) fraud committed by you, or your intentional misconduct or gross negligence; or
(5) your violation of any applicable law or the rights of a third party.

The Company Parties will control the defense of any claim to which this indemnification may apply, and in any event, you shall not settle any claim without the Company Parties’ prior written approval.

Electronic Communications

When you use the Site or send emails to the Company, you are communicating with the Company electronically. You consent to receive electronically any communications related to your use of this Site. The Company will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from the Company intended to be received by a customer will be deemed delivered and effective when sent to the email address you provide on any of the Company Sites.

Site Postings

The Site may provide users with the ability to post messages on the Site. The Company has no obligation to review any content (including messages) posted on or submitted through the Site by users and assumes no responsibility or liability related to such content. The Company, in its sole discretion, may monitor, refuse to post, or remove any such content.

Trademarks and Copyright

The trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of the Company or its licensors or content suppliers, or other parties. Users, or any party acting on their behalf, are prohibited from using any Marks for any purpose, including, but not limited to, using Marks as meta tags on other pages or sites without the Company’s written permission or the written permission of such third party that may own the Marks.

You may not use framing or any framing techniques or technologies to enclose any content included on the Site without the Company’s express written consent. You may not use any content from the Site in any meta tags or any other “hidden text” techniques or technologies without the Company’s express written consent. All content (including software programs) available on or through the Site is protected by copyright, trademark, and other applicable laws.

Claims of Intellectual Property Infringement

The Company respects the intellectual property of others, and we ask our users to do the same. You are hereby notified that the Company has adopted and reasonably implemented a policy that provides for the termination, in appropriate circumstances, of website users who are repeat copyright infringers.

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the Company’s Copyright Agent the following information (for notice to be effective, it must be in writing and provided to our Copyright Agent):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • a description of the copyrighted work or other intellectual property that