Terms of Use

 

Terms & Conditions

VYTALIZE LLC (the “Company,” “we” or “us”) is in the business of selling customized vitamins  (the “Products”) through a website and associated web pages located at www.vytamize.me (the “Site”). People who access the Site and/or purchase Products are referred to in these Terms and Conditions as a “Customer.” If you elect to become a Customer (or participate in the process of becoming a Customer even if you do not ultimately purchase any Products) you will be asked to provide the Company with certain personal information so we can create your Products. In order to ensure there is an understanding between you and us concerning your use of the Site, our Products and to memorialize that understanding, we have created these Terms and Conditions.

These Terms and Conditions apply to you and all other Customers. If you choose to use the Site or purchase any of our Products, you will be agreeing to abide by all of these Terms and Conditions. These Terms and Conditions create a legally binding agreement between you and the Company.

We may change, add or remove portions of these Terms and Conditions at any time. If we do make any material changes to these Terms and Conditions, we will provide something on the Site to make you aware of such changes. If any of these terms and conditions or any future changes are unacceptable to you, do not use the site or the products. If you do continue to use the site or the products now, or following the posting of notice of any changes in these terms and conditions, that use will indicate your acceptance of and agreement to such modified terms and conditions.

In addition, when using particular Products, you may be subject to any additional terms, guidelines or rules applicable to such Products which are posted on the Site. All such additional terms, guidelines and rules are hereby incorporated by reference into these Terms and Conditions. Also, we may offer other Products from time to time that are governed by different terms. However, unless we otherwise specify, these Terms and Conditions shall control with respect to any such additional Products.

These terms and conditions shall constitute the entire agreement between you and the company and no additional or different terms or conditions will be binding upon the Company unless specifically agreed to in writing by an authorized representative of the Company. We hereby object to any additional or different provisions contained in any order or communication heretofore or hereafter received from you.

Returns and Refunds

Since each vitamin is personalized for the consumer, ALL SALES ARE FINAL.

Legal Disclaimer and Limitation of Liability

The Products and the 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 intended to diagnose, treat, cure or prevent disease.

INFORMATION ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES AND IS NOT MEANT TO SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR OWN PHYSICIAN OR OTHER MEDICAL PROFESSIONAL. YOU AGREE TO KEEP YOUR HEALTH CARE PROFESSIONAL INFORMED ABOUT ANY DIETARY SUPPLEMENTS YOU ARE TAKING OR INTEND TO TAKE, INCLUDING OUR PRODUCTS. YOU SHALL NOT USE THE INFORMATION CONTAINED HEREIN FOR DIAGNOSING OR TREATING A HEALTH PROBLEM OR DISEASE, OR PRESCRIBING ANY MEDICATION. YOU SHALL READ CAREFULLY ALL PRODUCT PACKAGING AND FOLLOW ALL DIRECTIONS AND INSTRUCTIONS THEREIN CONTAINED. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, IMMEDIATELY CONTACT YOUR HEALTH CARE PROVIDER. YOU SHALL NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE VITAMINS AND SUPPLEMENTS YOU CHOOSE. WE DO NOT GUARANTY THAT OUR PRODUCTS ARE APPROPRIATE FOR EVERYONE, OR THAT THEY MEET YOUR PARTICULAR NEEDS OR THEY WILL PERFORM FOR YOU IN THE MANNER YOU EXPECT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO US FOR THE PRODUCTS.

UNDER THE LAWS OF SOME STATES, LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONS OF SOME KINDS OF DAMAGES ARE NOT PERMITTED. IF THESE LAWS APPLY TO YOU, THE ABOVE DISCLAIMER AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Third-Party Content, Links and Syndication

We are not responsible for any Customer Content, third-party content, syndicated content, applications, advertisements, and/or links that may be contained in the Site. The Site may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit. Any correspondence, business dealings with, syndication, linking or participation in promotions of third parties found on or through the Site, including payment or delivery of related goods or products, services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. We have no control over third-party websites or resources, and as such, you acknowledge and agree that we are not responsible for their availability, reliability, or functionality, and do not endorse and are not responsible or liable for any third-party content, applications, products, services, advertising, or other materials on or available from such websites or resources. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and any third parties, or as the result of the presence of such third-party content or Customer Content on the Site or as a result of the failure of such third-party products, services applications, or content to function as intended.

Representations & Warranties

You represent and warrant that you are either 18 or more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions and have obtained all necessary third-party consents, licenses and permissions necessary to enter into and fully perform your obligations herein. Your account is solely for your personal use, and you shall not authorize others to use your account.

You represent and warrant that your use of the Site and Products shall be in compliance with any applicable laws, rules and regulations of any governmental authority.

You represent and warrant that you will not use the Site to upload, post, link to, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or any telecommunications equipment.

You represent and warrant that you have the full authority to act on your behalf and on behalf of any and all prior owners of any right, title and interest in and to any Customer Content you post, submit, transfer or link to

Indemnification

You hereby agree to defend, indemnify and hold harmless the Company and its members, managers, officers, employees, agents and affiliates from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on: (i) a breach of any warranty, representation, covenant or obligation of yours under these Terms and Conditions; or (ii) any allegation that any Customer Content provided, uploaded, syndicated, linked to or authorized by or on behalf of you hereunder or our or any Customer’s use thereof violates or infringes the rights of another party. You will reimburse us on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section, provided that we attempt to obtain your written consent prior to making such payments, and such consent is not unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon our request. We shall have the right, at our expense, to participate in the defense thereof under your direction.

Conduct

You agree to abide by the terms of these Terms and Conditions, and to not use the Site or Products to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of the Products; (ii) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (iii) collect or store personal data about other Customers; (iv) harass, abuse, or harm another person, or (v) in order to contact, advertise to, solicit, or sell to any other Customer without their prior explicit consent

Without limiting our other remedies, we may immediately warn Customers of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Site and refuse to provide the Products to you if: (i) you breach these Terms and Conditions or any documents it incorporates by reference; (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, us or our Customers.

Applicable Law and Disputes

These Terms and Conditions and the relationship between you and the Company shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California and County of San Francisco. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against the Company and its employees, officers, members, managers, agents, affiliates, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that the Company incurs in seeking such relief. These Terms and Conditions do not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement.

Notice

We will provide notices of changes to these Terms and Conditions or the Privacy Policy by displaying notices or links to notices generally on the Site. Except as explicitly stated otherwise, any notices to Company shall be sent by certified mail, return receipt requested, to us at Vytalize, LLC, 151 Andover St., San Francisco CA 94110. Notice shall be deemed given three (3) days after the date of mailing.

Copyright Infringement

We respect the intellectual property of others, and we ask our Customers to do the same. If you believe that your intellectual property rights have been violated, please provide us notice containing the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property; (ii) a description of the intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to Company at:

Vytalize, LLC
Phone: (949) 342-6973
email: brock@vytamize.me

Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed.

General

(i) These Terms and Conditions along with the Privacy Policy and any additional terms, rules or regulations posted on the Products constitute the entire agreement between you and Company and govern your use of the Products, superseding any prior agreements between you and Company. You also may be subject to additional terms and conditions that may apply when you use affiliate Products, third-party content or third-party software.

(ii) The failure of Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

(iii) If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.

(iv) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Products or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

(v) The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.