Terms of Use Agreement

Item# teofuseag

Terms Of Use Agreement

This Terms of Use agreement sets forth the agreement between VitaminUSA, ("VitaminUSA" or "we") and each user ("you" or "user") governing the use by you of this site. Please read this agreement carefully before using this site. By using this site, you signify your assent to this Terms of Use agreement. If you do not agree to the terms and conditions contained in this Terms of Use agreement, you may not access or otherwise use this site. The information on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of 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, before starting any diet or exercise program or before adopting any treatment for a health problem.

Copyright and Trademarks

All Web site design, text, graphics, sound, software and other content, and the selection and arrangement thereof, are the property of VitaminUSA or its licensors, and are protected by United States and international copyright law. All rights to such materials are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of placing an order with VitaminUSA or using this Web site as a shopping vehicle. Any other use of materials on this site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of VitaminUSA, is strictly prohibited. VitaminUSA, and all logos, page headers, custom graphics and icons are service marks and/or trademarks of VitaminUSA or its licensors or affiliates. All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners.

Review of Materials Posted on or Submitted to Site

VitaminUSA is not responsible for monitoring, screening, policing or editing the information posted or materials on submitted to or transmitted through the site. VitaminUSA does not and cannot monitor all information or materials posted on, submitted to or transmitted through the site. However, VitaminUSA reserves the right to delete, block and remove any information or materials that VitaminUSA, in its sole discretion, deems to be unlawful, infringing, defamatory, libelous, abusive, threatening, obscene, offensive, fraudulent, deceptive, inappropriate or otherwise unacceptable to VitaminUSA. If notified of any such information or materials on the site, VitaminUSA may determine in its sole discretion whether to remove such content from the site.

User Submissions

Any suggestions, ideas, comments or other similar submissions by users shall be deemed the sole property of VitaminUSA, which shall not be liable for any use or disclosure, including without limitation use for commercial purposes, of such submissions. You agree to grant VitaminUSA a worldwide, royalty-free, perpetual license, with the right to reproduce, transmit, distribute, publicly display, publicly perform, create derivative works of and sublicense any materials or other information contained in such submissions. You hereby waive any claim, cause of action or other recourse that you might have against VitaminUSA for any alleged or actual infringement or misappropriation of any intellectual property or other right in any such submissions.

No Warranty; Disclaimer

VitaminUSA is providing this site and its contents on an "as is" basis. VitaminUSA and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, "affiliates") make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, information or services offered or sold on or through this site or any other site to which this site links (each a "Linked Site") and the uninterrupted and error-free use of this site. VitaminUSA and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. VitaminUSA and its affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by VitaminUSA or its affiliates will create any warranty not expressly set forth herein. Your use of this site and any linked site is at your sole risk. The products, information, services and other content provided on and through this site, including without limitation any products, information, services and other content provided on any Linked Site, are provided for informational purposes only to facilitate discussions with a healthcare professional regarding treatment. The information provided on this site and Linked Sites, including without limitation information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. It is not intended as a substitute for advice from your physician or other healthcare professional or any information contained on or in any product label or packaging. Before buying or using any products, information or services provided on or through this site, including without limitation any products, information or services provided on any Linked Site, you should speak with a healthcare professional. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. Unless otherwise indicated on this site, VitaminUSA does not endorse or recommend any product or service offered, advertised or sold on or through this site, including without limitation any product or service offered, advertised or sold on or through any Linked Site. VitaminUSA is not responsible for any product or service sold on or through this site or any claims of quality or performance made on or through this site, including any claims of quality or performance made on or through any Linked Site. You are advised that other sites on the Internet, including without limitation Linked Sites and sites that link to this site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. VitaminUSA expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any Linked Site or any site that links to this site. Price and availability information on this site is subject to change without notice.

Limitation of Liability

VitaminUSA and its affiliates shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this site, including without limitation any liability (i) as a publisher of information, (ii) as a reseller of any products or services, (iii) for any defective products, (iv) for any incorrect or inaccurate information, (v) for any unauthorized access to or disclosure of your transmissions or data, (vi) for statements or conduct of any third party on the site, or (vii) for any other matter relating to this site or any linked site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation any direct, indirect, special, incidental or consequential damages (including without limitation 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 without limitation negligence), product liability or otherwise, even if the user advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between VitaminUSA and the user. The products, information and services offered on and through this site would not be provided without such limitations. Because the laws of some states may not allow for the exclusion of certain damages, in such states liability is limited to the fullest extent permitted by law. Notwithstanding the foregoing, the sole and entire maximum liability of VitaminUSA and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from VitaminUSA on this site. You agree to indemnify, defend and hold harmless VitaminUSA and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this site. All products and services offered on or through this site are provided subject to any applicable tariffs and any accompanying terms and conditions.

Privacy and Child Protection

VitaminUSA respects the privacy of its users in accordance with the terms of VitaminUSA's Privacy and Child Protection Policy. VitaminUSA reserves the right to monitor the site and to disclose any information recorded or posted on, submitted to or transmitted through the site to the extent VitaminUSA, in its sole discretion, deems such disclosure necessary or appropriate (i) to comply with any law, regulation, subpoena or government request, (ii) to operate the site, or (iii) to protect the rights or property of VitaminUSA or its affiliates.

Your Usage of Site; Termination of Usage

You agree to maintain the security of your account on the site, including the security of your password and other confidential information relating to the use of the site and your account on the site. 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 prior to your taking steps to prevent such occurrence by changing your password and notifying VitaminUSA. You agree that to use this site only 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 this site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the site or material thereon. You further agree that you will not access by any means except through the interface provided by VitaminUSA for access to the site. You agree that you will not access this site from any territory where its contents are illegal, and that you, and not VitaminUSA and its affiliates, are responsible for compliance with applicable local laws. You agree that VitaminUSA may terminate or suspend your access to all or part of this site, without notice, for any conduct that VitaminUSA, in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of another user, VitaminUSA or its affiliates.

Usage by Minors

Because of the nature of the World Wide Web, VitaminUSA cannot prohibit minors from visiting this site. VitaminUSA must rely on parents, guardians and those responsible for supervising children and teenagers to decide which materials are appropriate for such children and teenagers to view and/or purchase. VitaminUSA requires that (i) all purchases on the site be made by adults 18 years of age or older, and (ii) all users who provide personal information to VitaminUSA be 18 years of age or older, or, if under 18, that such information be accompanied by verifiable parental consent as further set forth in our Privacy and Child Protection Policy.

Applicable Law; Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of the State of Ohio without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the State of Ohio and further agrees that any cause of action arising from or relating to the use of this site or this agreement shall be brought exclusively in a court in Delaware.

Severability; Interpretation

If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this agreement, the term "including" shall be deemed to be followed by the words "without limitation."

Entire Agreement; Amendments

This agreement constitutes the entire and only agreement between VitaminUSA and each user of this site with respect to the subject matter of this agreement and supercedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this agreement. You agree to review this agreement prior to your use of this site and your use of this site shall be deemed acceptance of and assent to this agreement by you. VitaminUSA may, in its sole discretion, amend this Terms of Use agreement from time to time.

Miscellaneous

The failure of VitaminUSA or its affiliates to insist upon strict adherence to any term of this agreement shall not constitute a waiver of such term and shall 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 of cause of action arising from or relating to use of this site or this agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "No Warranty; Disclaimer" and "Limitation of Liability" provisions of this agreement are for the benefit of VitaminUSA and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

Privacy and Child Protection Policy

VitaminUSA, Inc. ("VitaminUSA") cares about the privacy of each user of its Web site ("user" or "you"), including those who trust us enough to place orders. In order to protect the privacy of its users, VitaminUSA has adopted the following policy:

I. General Information

When you use the Web site some basic general information is collected. This information is used to improve the Web site and make your use of the Web site as enjoyable and efficient as possible. Cookies are also used to help us determine the various services you use and the support you may need, and to help us detect and solve any problems you may have when using the Web site. This general information is used internally in connection with VitaminUSA's business, including VitaminUSA's personal, marketing and advertising efforts.

II. Personal Information

When you set up an account on the Web site or purchase an item from the Web site, we collect personal information (which you provide) that may include your: (i) first and last name; (ii) billing address; (iii) shipping address; (iv) other shipping addresses; (v) email address; (vi) phone number; (vii) credit card account number; (viii) items purchased from us; and (ix) browsing, buying and selling patterns (collectively, "Personal Information"). You can alter or update your Personal Information on the Web site by creating a new profile or changing your account information

Cookies

A cookie is a text file stored on your computer's hard drive. Web sites create cookies to record information about your preferences, such as the items you add to your shopping cart, and for security reasons (see Credit Card Security below). Most cookies expire after a certain time period. The most popular browsers, such as Netscape Navigator and Internet Explorer, can be set to give you the option of accepting or rejecting all cookies. To shop online at VitaminUSA, your browser will need to be configured to accept cookies. Here's how to do it: In Netscape Navigator 4.x, click the Edit menu and select Preferences from the browser's drop-down menu. In the tree structure, click Advanced. Under Cookies, click "Accept only cookies that get sent back to the originating server" and "Warn me before accepting a cookie" (optional). In Internet Explorer 4.x, click the View menu and select Internet Options from the drop-down menu. Click the Advanced tab, scroll to the Security heading, and select "Prompt before accepting cookies." We suggest that you accept cookies only from Web sites created by companies you know and trust. If you wish, you may set your browser to reject all cookies and still view the site. Because our online ordering system requires cookies, you will not be able to order online, but you can still place an order by phone, fax or mail.

III. Use/Sharing of Personal Information

Your name, shipping and billing addresses, and credit card number(s) are used by VitaminUSA in order to provide you with the goods that you purchase on the Web site. We use your email address to provide you with information about your order and its status, and we may occasionally send out emails, including newsletters, to people who have placed an order online, offering them more great deals. Your phone number is used by VitaminUSA only in the event that our customer service representatives need to contact you about an order you have placed. Personal Information is used internally in connection with VitaminUSA's business, including VitaminUSA's promotional, marketing and advertising efforts, in a manner, which does not readily identify a user to any third party. VitaminUSA currently does not share with any third party any Personal Information that could readily identify any user. However, if we do not receive "Do Not Share" instructions from a user (see Preventing the use of Personal Information), we reserve the right to share or sell such users' Personal Information which could readily identify such user with or to third parties in connection with VitaminUSA's business, including creating and selling lists and user profile information. Notwithstanding the foregoing, VitaminUSA will not divulge any user's credit card information to any third party without such user's prior consent.

Credit Card Security

The Internet is a vast network of computers. Because the data passes from computer to computer, some Internet shoppers worry that unauthorized persons may intercept the data and gain access to credit card numbers, but shopping on a secure site is actually safer than handing a credit card to a waiter in a restaurant. Taking the steps below will lower the chances of interception of your credit card number: h Limit your online shopping to Internet merchants, such as VitaminUSA, with sites equipped with Secure Sockets Layer (SSL) technology. SSL prevents unauthorized people from intercepting your data. h Use a browser, such as Netscape Navigator or Internet Explorer that supports SSL. These browsers show a symbol in the status bar, such as a key or lock, when you are on a site that uses SSL. Most banks will cover the cost of fraud resulting from unauthorized use of your credit card or may limit your liability. Credit card information collected by VitaminUSA is encrypted through Secure Sockets Layer before it is transmitted over the Internet. VitaminUSA fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities, and may in its sole discretion disclose Personal Information or other information to satisfy any law, regulation, subpoena, or government request. VitaminUSA reserves the right to release Personal Information or other information about users who we believe are engaged in illegal activities or are otherwise in violation of our Terms of Use, even without a subpoena, warrant or court order, if we believe in our sole discretion that such disclosure is necessary or appropriate to operate the Web site, or to protect the rights or property of VitaminUSA, its affiliates, or any of their officers, directors, or employees, agents, third-party content providers, suppliers, sponsors, or licensors. VitaminUSA also reserves the right to report to law enforcement agencies any activities we reasonably believe in our sole discretion to be unlawful.

IV. Preventing the Use of Personal Information

If you would like to make sure that we do not share your Personal Information with third parties, just use the Contact Us Form with a message that states, "Do not share personal information" in the subject field. Please provide your name, address and current email address in the message. If you do not want to receive promotional emails about VitaminUSA, please use the Contact Us form with a message that states, "Do not share personal information" in the subject field. Please provide your name, address and current email address in the message. Another way to let us know you do not want VitaminUSA to share any of your Personal Information with third parties is to "opt out" when setting up your account. When providing your account information, simply uncheck the box on the notice that asks whether you would like to receive email updates about our new features, services and special offers, and we will not share your Personal Information with any third party, nor will we send you any promotional information via email.

V. Collecting Information From Children Younger than 13

VitaminUSA does not knowingly collect or use any Personal Information from children younger than 13 years of age without obtaining verifiable parental consent.

VI. Miscellaneous

VitaminUSA wants you to be aware that when you click on links (including advertising banners), which take you to third-party Web sites, you will be subject to such third parties' privacy policies. While we support the protection of privacy on the Internet, VitaminUSA expressly disclaims any and all liability for the actions of third parties, including without limitation actions relating to the use and/or disclosure of Personal Information by third parties. Our Privacy and Child Protection Policy is subject to change. In the event of any change, we will provide notice of such change on this page. If you have questions about this Privacy and Child Protection Policy, or believe that VitaminUSA has acted inconsistently with this statement, please contact us