Terms of Use

IMPORTANT: BY USING WEBSITE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT DO NOT USE THIS WEBSITE.

Terms

By accessing this web site, you are agreeing to be bound by the Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this website. The materials contained in this website are protected by applicable copyright and trade mark law. Some features of this website require membership to access and use. You agree that by using this Site and registering for membership, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.

It is your responsibility to review these Terms of Service periodically. We may revise these Terms of Service at any time without notice to you. If you do not agree to these terms and conditions, please do not use this Site.

Use License

Permission is granted to temporarily download one copy of the website and materials contained. This is for the grant of a license, not a transfer of title.

Under this license you may not:

• modify or copy the materials; • use the material for commercial or public display; • attempt to decompile or reverse engineer the software; • remove any copyrights or proprietary notations; • transfer the materials to another person, server, or elsewhere.

If any of these violations occur, this license will automatically terminate and you must destroy any copies of the materials.

Revisions and Errata

The materials appearing on the Vitopia web site could include technical, typographical, or photographic errors. We do not warrant any of the materials to be accurate, complete, or current. We can make changes at any time without notice and do not make any commitment to update the materials.

Site Terms of Use Modifications

We may revise these terms of use at any time without notice. By using this website you are agreeing to be bound by the current version of the terms of use, Privacy Policy, and all other documents.

Governing Law for Forum Selection

Disputes shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to that body of laws pertaining to conflict of laws. Disputes arising out of the relationship between the parties shall be brought in the County of Polk, State of Florida, both parties consent to the jurisdiction of tribunals located in County of Polk, State of Florida, and waive all objections to venue and jurisdiction within the forum.

Restricted Countries

We only ship to the United States including Alaska and Hawaii and some military APO/FPO/DPO addresses. All other shipments are prohibited. We do not ship internationally.

Intellectual Property

You expressly acknowledge and agree this website contains information protected by copyrights, trademarks, trade secrets, and other proprietary interests. Except as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way information protected by copyright, trademark, and other proprietary interest, without obtaining permission of the owner of the copyright or other property right.

Registration and Membership

To register and become a member of the Vitopia website, complete the user survey, use your valid email address, and create a password to register your profile. Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms of Service and Vitopia has no obligation to investigate the authorization or source of any such access or use of the Site. It is your responsibility to ensure that your login and password are kept secret and not disclosed to anyone else. When using a shared or public device, please be sure to log out and close your browser when you are finished. As a member, you agree to receive emails, promotional offers, newsletters, and other email correspondence. You may cancel the newsletter subscription in your account online or contact us. Please contact us if you do not want to receive any other promotional emails. To cancel your membership, please contact us.

Bundles

If you purchase bundled products you will receive recurring shipments based on your product selection and time frame. You may log into your account and customize your bundle and bundle options. If you do not update your selections for a particular month, we will send you the same shipment we sent the previous month, subject to availability. Your bundle subscription will remain in effect until cancelled. We will charge your method of payment with each bundle. You may cancel at any time. Please contact us if you decide to cancel.

Billing and Payments

We accept the following bank or credit cards: Visa, MasterCard, and Discover. You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge again if necessary or may attempt to contact you. We are not responsible for any fees or charges that your bank or credit card issuer may apply. The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. If you would like to exchange or return a product, please contact us. Please see our returns and exchanges terms for more information.

Warranty Disclaimer

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THIS WEBSITE (e.g. www.VitopiaHealth.com) AND ANY USE OF PRODUCTS OR SERVICES PURCHASED THROUGH THIS WEBSITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE, AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND; VITOPIA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO USE OF THIS WEBSITE AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS WEBSITE EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY DOES NOT WARRANT YOUR USE OF WEBSITE WILL BE WITHOUT INTERFERENCE WITH YOUR ENJOYMENT, THAT THE FUNCTIONS OF THIS WEBSITE WILL BE UNINTERRUPTED, FREE FROM ERROR, OR THAT DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION PROVIDED BY COMPANY OR ITS AUTHORIZED REPRESENTATIVES SHALL BE CONSTRUED AS CREATING ANY WARRANTY OF ANY KIND. IN THE EVENT THIS WEBSITE AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS CONTAIN ANY DEFECT OF ANY KIND, YOU ARE AGREEING TO ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWABLE BY LAW, VITOPIA LIABILITY TO YOU FOR DAMAGES RELATED TO THE USE OF WEBSITE OR RELATED TO ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS WEBSITE SHALL BE LIMITED TO THE AMOUNT PAID TO COMPANY BY YOU FOR THE COST OF ITEMS DIRECTLY RELATED TO ANY DISPUTE. NOTWITHSTANDING THE FOREGOING, TO THE FULLEST EXTENT ALLOWABLE BY LAW COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES, LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY THIS WEBSITE OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF VITOPIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THIS LIABILITY LIMITATION IS UNENFORCABLE FOR ANY REASON, THIS PROVISION SHALL BE AMENDED IN A MANNER WHICH BESTOWS THE GREATEST PROTECTION TO COMOPANY ALLOWABLE BY LAW. THE PARTIES EXPRESSLY AGREE AND ACKNOWLAGE THAT THE PURPOSE OF THIS LIABILITY LIMITATION IS TO SET IN ADVANCE THE RISKS BORNE BY EACH PARTY.

Typographical Errors and Pricing

The price for an item listed on this website may be different from the price shown in your shopping cart, and it is possible a price increase or decrease may occur from the time an item is placed in your shopping cart and the time a purchase is made. You further acknowledge pricing and/or typographical mistakes may occur on occasion. In the event an item appears with an incorrect price, inaccurate product information, or inaccurate supplemental information Vitopia reserves the right to cancel any transactions related to the item. Prices and availability are subject to change without notice. This applies even if the transaction has already occurred and payment has been made. If payment has been made, we will issue a refund for the purchase price to the original method of payment.

Quantity

Vitopia reserves the right to limit the number of items which you or your household may purchase through this website. Quantity restrictions may be applied to orders using the same billing information or shipping address.

Copyright

The technology underlying the Site and the entire contents of the Site are copyrighted the United States and other copyright laws, and are the property of Vitopia and protected by copyright and other intellectual property or proprietary rights. These are licensed to Vitopia. ©2016. All rights reserved.

Trademarks

All trademarks, service marks and trade names of Vitopia on the website are trademarks or registered trademarks of Vitopia or their respective owners.

Indemnification

YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS VITOPIA AND ITS AFFILIATED ENTITIES AND ALL OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, SHAREHOLDERS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDUNG, DAMAGES, INJURUES, LIABILITIES, LOSSES, COSTS, AND EXPENSES RELATING TO OR ARRISING FROM ANY BREACH OF THIS AGREEMENT BY YOU.

Privacy

Information from visiting this website, registering, and other information is subject to our privacy policy. Please visit our Privacy Policy for more information.

Third-Party Links and Sites

This Site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of Vitopia. You acknowledge all risk when accessing these sites.

Third Party Rights

There is no intent by either party to create or establish a third-party beneficiary status or rights to any party.

Submissions

We accept feedback and comments; however, we cannot accept creative ideas or suggestions of any kind. From time to time we may ask for creative ideas and suggestions. In any event, whether solicited or unsolicited, we reserve the right to treat all submissions as non-confidential and non-proprietary and as the property of Vitopia without payment of any form to you. You agree that the information sent is an original work and not copyrighted. We reserve the right to use this information as we see fit and will not be responsible for any damages arising from the use of this information in any form.

Notice Regarding Medical Advice

This website does not provide medical advice in any way. Nothing stated or posted on this website or available through any of our services are intended to be taken as a practice of medicine. All materials on this website are for informational purposes only and should not be taken as professional medical advice, diagnosis, or treatment in any way. Always seek the advice of your physician or qualified health provider, and do not use any information from this website as an alternative or to delay seeking proper medical advice. If you have a medical emergency, call your doctor or dial 911 (or your local emergency number) immediately.

Miscellaneous

Disputes shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to that body of laws pertaining to conflict of laws. Disputes arising out of the relationship between the parties shall be brought in the County of Polk, State of Florida, both parties consent to the jurisdiction of tribunals located in County of Polk, State of Florida, and waive all objections to venue and jurisdiction within the forum.

Arbitration

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY CLAIM OR DISPUTE ARISING OUT OF THIS AGREEMENT OR ANY OTHER SERVICE PROVIDED TO YOU BY VITOPIA MAY AT THE SOLE DISCRETION OF VITOPIA BE RESOLVED THROUGH ARBITRATION, IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The American Arbitration Association Rules then in effect shall be used in any arbitration proceeding and a single arbitrator shall be appointed by the parties. In the event that a party initiates action to enforce its rights, the party prevailing on the dispute shall recover from the non-prevailing party its expenses, court costs, arbitration costs, including taxed and untaxed costs, and reasonable attorney’s fees. All related expenses shall bear interest at a reasonable rate from the date the party prevailing on the dispute incurs the expense. Notwithstanding the foregoing, neither party shall be forced to assume expenses, court costs, arbitration costs, including taxed and untaxed costs, and reasonable attorney’s fees in an amount which would prevent either party from seeking resolution to a claim or dispute.

Termination

These Terms of Use are applicable to you upon your accessing this Site. The provisions found in the terms of use shall survive any termination of the terms of use.

Risk of Loss

The risk of loss and title for all items purchased or otherwise obtained through the use of this website pass to you upon the delivery of the item from Vitopia to the designated carrier.

Age of User

You expressly acknowledge Vitopia products and services are marketed for and directed towards purchase by adults or with the consent of adults. Persons under the age of eighteen (18) are not permitted to use this website without the supervision of a parent or legal guardian.

Health Care Conviction

By using the Vitopia website you are certifying you have not been convicted, indicted, or investigated in connection with any criminal or civil proceeding involving a felony or misdemeanor, related to the delivery of goods or services to a federal or state health care program. Additionally, by using the website you are certifying you have not been convicted of a felony, under federal or state law, related to the unlawful manufacture, distribution, prescription, or dispensation of a controlled substance.

Use of Data

You agree Vitopia may collect and use technical data and other information related to your use of website, your device, system and application software, and peripherals, and that such information may be gathered on an as needed basis to facilitate the provision of software updates, product support, services support, or for other purposes related to business activity of Vitopia. Vitopia may use such information to carry out any business activity which is allowable by law.

Entire Agreement

This Agreement constitutes the entire agreement of the parties hereto pertaining to the subject matter hereof and supersedes all other prior agreements and understandings of the parties in connection therewith. This Agreement may be amended, supplemented or modified only by a written instrument duly executed by or on behalf of each party hereto or as otherwise set forth in this Agreement.

Force Majeure

Neither party shall be deemed to have breached this Agreement if its delay or its failure to perform all or any part of its obligation hereunder, including but not limited to services related to the practice of pharmacy, result from flood, earthquake, fire, or other acts of God, or war, strikes, slowdowns, labor unrest, riot, civil commotion, the public enemy, power failure, computer processing or data transmission delays or difficulties, delays or difficulties in obtaining supplies, materials, or in the performance of services provided by others, or other circumstances beyond its reasonable control, or by reason of a judgment, ruling, or order of any court, agency, or competent jurisdiction, or change of law or regulation occurring subsequent to assent to this Agreement.

Headings

The headings, captions, and sections contained in this Agreement are inserted for convenience only and shall not be used to interpret or construe any provisions of this Agreement.

Remedies Cumulative

No remedy herein conferred is exclusive of any other available remedy; but each and every such remedy is cumulative and is in addition to every other remedy given by this Agreement or now or hereafter existing at law, in equity, or by statute.

Waiver

The parties will not be deemed to have waived any rights under the Agreement unless the waiver is made in writing and signed by a duly authorized representative. The failure of a party to exercise any right or remedy under the Agreement shall not operate as a waiver of a right or remedy. A waiver by a party of a provision of the Agreement or warranty or representation set forth herein will not constitute a waiver of the breached provision, warranty or representation or any other provision, warranty or representation.

Change in Law

In the event of any change in federal, state or local laws, rules or regulations, including any judicial or administrative interpretation thereof, which materially alters the rights, duties, obligations or cost of performance of either party under this Agreement, this Agreement shall be modified to retain the intent of the stricken provision and in the light most favorable to Vitopia.

Governing Law for Forum Selection

Disputes shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to that body of laws pertaining to conflict of laws. Disputes arising out of the relationship between the parties shall be brought in the County of Polk, State of Florida, both parties consent to the jurisdiction of tribunals located in County of Polk, State of Florida, and waive all objections to venue and jurisdiction within the forum.

Gift Card Terms & Conditions

Gift cards and their use are subject to these terms of use and the Vitopia Privacy Policy. Gift cards are purchased as a typical product and will be charged to your method of payment. Gift cards can only be used for the store from which they were purchased from. Gift cards have no expiration unless the company has been dissolved or had a transfer of ownership with regards to applicable law. Gift cards cannot be refunded. We are not responsible for any gift cards lost, stolen, or damaged in any way and are under no obligation to replace gift cards. We reserve the right to deny any gift cards or methods of payments for any accounts that may have fraudulent activity in any form.

Limitation of Liability

VITOPIA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

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