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Terms and Conditions of Use

Last Updated: June 11, 2012

Welcome to VitaminFix.com (hereafter, “We”, “Us” or “the Site”). If you visit or shop at the Site, you accept these Terms and Conditions of Use (hereafter, the “Agreement”). Please read them carefully. We reserve the right to change, alter or modify this Agreement from time to time by posting a notice of same on the Site. If you do not agree to any term or condition of this Agreement or as may be revised in the future, do not use this Site. By using, accessing or registering with the Site, you are bound by the term and conditions set forth herein.

The Site provides you with search results for, and information about, a wide range of products that are offered for sale by third-party merchants. If you purchase a product, you are purchasing directly with the third-party merchant (or such merchant’s intermediary). We are not a party to any product purchase transaction. If you have questions, comments or issues concerning a product purchase, direct them to the merchant from whom your purchased the product.

A. Access to and Use of the Site

We grant you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express prior written consent. You may not use any of our logos or other proprietary graphic or trademark without our express prior written permission.

B. Optional Registration

Registration is optional, but we encourage you to do so, as it will provide you with your purchase history as well as helpful shopping tools. If you establish an account at the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with involvement of a parent or guardian. We reserve the right to refuse service, suspend or terminate accounts.

C. Buyer Comments and Reviews

Visitors may post reviews and comments regarding merchants and merchant products appearing on the Site. Your comments must be truthful and honest, but cannot be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content, but do not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. WE have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

D. Customer Service

We have a customer service department to handle your inquiries; however, inquiries relating to a product or merchant appearing on the Site must be directed will be directed to the customer service department of the Vendor of such Product. Vendors are responsible for Customer inquiries relating to their Product(s) and must be responsive to such inquiries. If a vendor is not responsive to your inquiry about a product you have purchased through the Store, please notify our customer service department by email at help@vitaminfix.com.

E. Product Returns

The merchant from whom you have purchased the product is responsible for handling and processing return of product(s). We do not accept or process returned products.

F. Product Descriptions

We attempt to be as accurate as possible in product descriptions. However, we do not warrant that product descriptions or other content on the Site is wholly accurate, complete, reliable, current, or error-free. If a product offered by a merchant is not as described, your sole remedy is to address the matter with the merchant. In such a situation, we recommend you return the product in unused condition to the merchant, or such other remedy as may be agreed to by the merchant.

G. Merchant Links and Websites

We provide links to the websites of merchants whose products appear on the Site and various other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these merchants or businesses or the content of their websites. We doe not assume any responsibility or liability for the actions, product, and content of these merchants and any other third parties.

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H. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING, EVE IF WE HAVE BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

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.

I. Governing Law/Disputes

This Agreement shall be governed and construed in accordance with the laws of the State of Arizona for contracts made and wholly performed in Arizona. Any and all disputes arising out of or relating to your use of the Site or this Agreement must be submitted to binding arbitration under the rules and procedures of the American Arbitration Society; provided however all costs and fees of arbitration split equally between the parties, with neither party entitled to an award of attorneys' fees. All parties to such arbitration submit to the exclusive jurisdiction and venue of such arbitration in Maricopa County, Arizona before a mutually agreed upon retired judge. If you and we cannot agree on the arbitrator, either party may petition the courts of said County for the appointment of a retired judge to serve as arbitrator. You waive the right to bring or participate in any Class Action against us.

J. Email Communication

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

K. Content Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our sole property or our content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is our exclusive property and protected by U.S. and international copyright laws. All software used on this site is our property or our software suppliers and protected by United States and international copyright laws.

L. Copyright Policy

In accordance with the Digital Millennium Copyright Act, if you own copyright or are the authorized agent of a copyright owner, and believe that content on this Site infringes your copyright, please send a notice of alleged copyright infringement to our Designated Copyright Agent via email at info@vitaminfix.com. YOUR EMAIL NOTICE MUST COMPLY WITH THE SECTION 512(c)(3) OF THE COPYRIGHT ACT, SO PLEASE BE SURE TO INCLUDE ALL OF THE FOLLOWING ITEMS IN YOUR EMAIL:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
  2. Identification of the copyrighted work claimed to have been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
  3. Identification of (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
  4. Information that will enable us to contact you, such as your mailing address, telephone number, and, if available, email address.
  5. Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

HOW TO RESPOND IF WE REMOVED YOUR CONTENT BASED ON A NOTICE OF COPYRIGHT INFRINGEMENT AND YOU BELIEVE THE REMOVAL WAS DONE IN ERROR

If we notify you that content you posted has been removed or disabled because we received a notice of copyright infringement, and you believe this was done in error, you have the right to submit a "counter-notice" to us. Please send your counter-notice via email to copyright@vitaminfix.com. YOUR NOTICE MUST COMPLY WITH SECTION 512(g)(3) OF THE COPYRIGHT ACT SO PLEASE BE SURE TO INCLUDE ALL OF THE FOLLOWING ITEMS IN YOUR EMAIL:

  1. Your name, address, telephone number and your physical or electronic signature.
  2. Identification of the material that has been removed or access disabled and the location at which the material appeared prior to removal or disabling.
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
  4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district of your address or if your address is outside of the United States that you consent to any judicial district in which we (as the Service Provider) can be found, and that you will accept service of process from the person who submitted the original notice of copyright infringement to us or that person's agent.

M. Trademarks.

We do not mediate or arbitrate trademark disputes between the merchants or advertisers on the Site and trademark owners. We encourage trademark owners to resolve their disputes directly with the merchant or advertiser. Similarly, we do not control and assume no responsibility for content that appears on a third party's website that may be accessed via the Site, and trademark owners should contact third-party sites directly to resolve trademark disputes.

N. Indemnity.

By choosing to use the Site, you agree to indemnify us, our members, managers, officers, agents, partners and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to or arising out of 1) Content you choose to submit, post on or transmit through the Site; 2) your use of or connection to the Site; 3) your violation of the Agreement; or 4) your violation of any rights of another person or entity. You irrevocably submit to the jurisdiction of Maricopa County, Arizona and waive personal service of process and agree process may be served upon you electronically or by regular U.S. Mail.

O. Release.

In the event that you have a dispute with one or more users (including merchants) of the Site, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably release and discharge us, our members, managers, officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity, concerning, related to or arising out of any such disputes. To ensure that the release provided in this Agreement is fully enforceable in accordance with its terms, you knowingly and voluntarily waive any protection that you might have in relation to the release set forth in this section by virtue of §1542 of the California Civil Code, which provides: "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." In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes or principles of common law applicable in states other than California as it pertains to the enforcement of the release in this section.

P. Entire Agreement

This Agreement, together with our Privacy Policy, represent the full and complete understanding between you as a user of this Site and us and cannot be altered or amended except through a written instrument signed by us or our authorized representative. We reserve the right to assign or transfer this Agreement to a successor entity.

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