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Terms And Conditions And Disclaimer

Terms and Conditions

Please read these Terms and Conditions ("Terms," "Terms and Conditions") carefully before using the vitabox.com website and any associated mobile and software applications on which these Terms are posted (the "Service" or “Website”) operated by Vitabox LLC (“Vitabox,” "us," "we," or "our"). The Service includes all goods or services displayed on or offered through the Website. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. 

These Terms constitute a legally binding agreement between Vitabox and you concerning your use of the Service. We encourage you to print these Terms or save them to your device or computer for reference. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service. By accessing or using the Service you also agree to be bound by the separate Privacy Policy.

Dispute Resolution and Mandatory Arbitration

Customer Service. We encourage you to seek resolution of any “Claim” by first contacting us at the contact information below. “Claim(s)” means any dispute of any kind between you and us, or any of our owners, officers, managers, directors, employees, agents, partners, suppliers, consultants, representatives, affiliates, successors, or assigns (collectively, “Company Entities”) related to or arising out of these Terms, the Privacy Policy, or the Service, including but not limited to any claims related to or arising from any goods or services displayed on or offered through the Website, regardless of legal theory. If we cannot reach an informal resolution, the arbitration provisions below will govern.

Binding Arbitration and Waiver of Class ActionsTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE TO RESOLVE ALL CLAIMS AGAINST EACH OTHER OR AGAINST COMPANY ENTITIES BY BINDING ARBITRATION IN OHIO BEFORE ONE ARBITRATOR. ANY ELECTION TO ARBITRATE BY ONE PARTY SHALL BE FINAL AND BINDING ON THE OTHERS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. THE PARTIES AGREE TO WAIVE ANY RIGHT TO JOIN CLAIMS WITH OTHERS OR OTHERWISE PROCEED IN A CLASS ACTION OR REPRESENTATIVE CAPACITY. YOU ACKNOWLEDGE THAT, WITHOUT THIS PROVISION, YOU WOULD HAVE HAD THE RIGHT TO SUE IN COURT WITH A JURY OR PARTICIPATE IN A CLASS ACTION. EACH PARTY KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY WAIVES ANY RIGHT EACH MAY HAVE TO A TRIAL BY JURY OR TO A CLASS ACTION. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its rules, including its Supplementary Procedures for Consumer-Related Disputes, unless the parties mutually agree to arbitration by a different arbitrator. The AAA's rules are available at www.adr.org. The arbitrator shall apply Ohio laws. The arbitration may be conducted in person or via document submission, telephone, or email, but the arbitration location shall be in Ohio. The parties each waive any objection to personal jurisdiction and venue. Upon request, we will pay your initial arbitration fee to AAA; however, if the arbitrator finds that your claim or the relief sought is frivolous or brought for an improper purpose, you will be responsible for reimbursing us for the initial arbitration fee, without limiting any other remedy available to us. The prevailing party shall be entitled to receive its reasonable attorney’s fees, legal costs, and any expenses incurred in such arbitration, and the arbitrator shall determine the prevailing party for this purpose. Notwithstanding this arbitration provision, you may assert a Claim on an individual basis in small claims court if the Claim seeks $2,500 or less.

Provisional Remedies, VenueTHIS AGREEMENT TO ARBITRATE DOES NOT PRECLUDE THE PARTIES FROM SEEKING PROVISIONAL REMEDIES, INCLUDING ORDERS TO STAY COURT ACTION OR COMPEL ARBITRATION, OR FROM APPLYING TO A COURT FOR A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION, INCLUDING TO PRESERVE INTELLECTUAL PROPERTY RIGHTS, IN STATE OR FEDERAL COURTS IN OHIO. THE PARTIES WAIVE ANY OBJECTION TO PERSONAL JURISDICTION AND VENUE IN OHIO.

Choice of LawTHESE TERMS SHALL BE INTERPRETED AS THOUGH EXECUTED IN OHIO AND SHALL BE GOVERNED BY OHIO LAWS WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES.

Disclaimer for Third-Party Information and Third-Party Products

The Service allows users to search for and purchase products manufactured by third parties. Vitabox does not manufacture any products. The product descriptions and instructions provided by the Service are for informational purposes only and are qualified in their entirety by the information available from manufacturers of the products. You should carefully read all product packaging and contact the manufacturer with any questions before using a product. Third-party authors are solely responsible for their content. Vitabox does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Service; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Service. Under no circumstances will Vitabox be responsible for any loss or damage resulting from your reliance on third-party information or other content posted through the Service.

While we endeavor to ensure that product descriptions are current, manufacturers sometimes change their products, packaging, and product descriptions. We are not liable for inaccuracies or misstatements about products. We do not provide medical advice or recommendations of any kind.

You should not use the information provided by the Service for diagnosing or treating a health problem or disease. If you have or suspect that you have a medical problem, immediately contact your health care provider. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration or any other government agency and are not intended to diagnose, treat, cure, or prevent any disease.

Purchases 

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.

The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, errors in your order, or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Return Policy

At Vitabox.com, customer service is our number one priority. Our goal is to ensure that all customers are completely satisfied with their Purchases. We stand behind all of the products that we sell. If you are not 100% satisfied with your Purchase, we will accept all returns within 90 days from the date of the invoice. Goods must be returned in their original packaging in salable condition. We cannot accept a return if an item has been opened or used, unless the item was damaged or defective. Any package that is refused or undeliverable due to insufficient address is subject to a refund less shipping. Your refund or credit will be issued within 30 days of your return being received. If you need to return an item, please Contact Us with your order number and details about the product you would like to return. We will respond quickly with instructions for how to return items from your order.

Shipping

When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Depending on the shipping provider you choose, shipping date estimates may appear on the shipping quotes page.

Please also note that the shipping rates for many items we sell are weight-based. The weight of any such item can be found on its detail page. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound.

Availability, Errors, and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service, and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Accounts

To access certain aspects of the Services, you must have an account associated with a valid email address and a valid form of payment. When you create an account with us, you guarantee that you are above the age of 18 and legally qualified to enter into contracts, and that the information you provide us is accurate, complete, and current at all times. You agree to immediately update your account if your contact or payment information changes. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. Vitabox shall not be liable for any loss that you incur because of someone else using your account, either with or without your knowledge. 

By using the Service through your account, you will be able to earn rewards. For more information about Vitabox rewards, please see the Rewards Page

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Prohibited Activities

Without limiting any other provision of these Terms, you are prohibited from using the Service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to impersonate anyone or submit any false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website or other network; (l) using an account not intended for you or breaching any authentication or password features without proper authorization; (m) to attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any source code used by Vitabox; and (n) to create multiple accounts to promote your (or another’s) business. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to dmca@vitabox.com, with the subject line: "Copyright Infringement," and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims."

You may be held accountable for damages (including costs and attorney’s fees) for misrepresentation or bad-faith claims of Infringement of any content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):

    • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

    • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

    • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

    • your address, telephone number, and email address;

    • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

    • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at dmca@vitabox.com

Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Vitabox and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Vitabox. Neither your use of the Service nor these Terms grant you any right, title, or interest in, or any license to reproduce or otherwise use, Vitabox or any third-party trademarks, service marks, graphics, logos, or domain names. All content and other materials available through the Service, including without limitation the Vitabox logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by Vitabox or are the property of Vitabox’s licensors and suppliers or the product manufacturers. Except as explicitly provided, neither your use of the Service nor these Terms grant you any right, title, or interest in any such materials.You represent and warrant that, when using the Service, you will obey all applicable laws and respect the intellectual property rights of others. You agree not to upload, post, transmit, display, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.

Subject to your compliance with these Terms, Vitabox grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Vitabox Service for your personal, non-commercial purpose. All rights not expressly granted in these Terms are reserved by Vitabox.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Vitabox. Vitabox has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Vitabox shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, arbitration and choice of law, prohibited practices, indemnity, and limitations of liability. Any termination of these Terms automatically terminates all rights and licenses granted to you under these Terms, including all rights to use the Service. Upon termination, Vitabox may, but has no obligation to, in Vitabox’s sole discretion, rescind any services and/or delete from Vitabox’s systems all your information and any other files or information that you made available to Vitabox or that otherwise relate to your use of the Service. Upon termination, you shall cease any use of the Service.

Indemnification

You agree to defend, indemnify, and hold harmless Vitabox and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (i) your use and access of the Service, by you or any person using your account and password; (ii) your breach of these Terms; (iii) your breach of applicable law(s); or (iv) your provision to Vitabox of information or other data. The indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice. You may not settle any claim without the prior written consent of the concerned indemnitees.

Limitation of Liability

In no event shall Vitabox, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty, regardless of the foreseeability or of notice, arising from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. In no event will Vitabox be liable to you for any third-party content or products or your damages or loss related to your violation of these Terms. In no event will Vitabox be liable to you for more than the amount you paid to Vitabox through the Service, less any applicable taxes, fees, shipping and handling costs, and value of retained goods. You agree that these limitations of liability represent a reasonable allocation of risk and are a fundamental element of the basis of the bargain between Vitabox and you. The Service would not be provided without such limitations.

Disclaimers and Assumption of Risk

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. You will not hold Vitabox, or its directors, employees, partners, agents, suppliers, or affiliates, responsible for any loss or damage that results from or relates to your access to and/or use of the Service, including without limitation any loss or damage to any of your computers, mobile devices, including without limitation tablets and/or smartphones, or data. The Service may contain bugs, errors, problems, or other limitations.

Vitabox expressly disclaims any and all warranties, express or implied, regarding the Service, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Vitabox does not warrant that i) the Service will function uninterrupted, or that it will be secure or available at any particular time or location; ii) any errors or defects will be corrected; iii) the Service is free of viruses or other harmful components; or iv) the results of using the Service will meet your requirements. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect, including by sending you notice to the email address associated with your account where applicable. What constitutes a material change will be determined at our sole discretion. 

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Miscellaneous

These Terms constitute the entire agreement between Vitabox and you concerning your use of the Service. Should any part of these Terms be declared invalid, void, or unenforceable by a competent court, such decision shall not affect the validity of any remaining portion of these Terms, which shall remain in full force and effect. A waiver by either party of any term or condition of these Terms, or any breach, in any one instance, will not waive that term or condition or any later breach. These Terms and all of your rights and obligations under them will not be assignable or transferable by you without the prior written consent of Vitabox. These Terms will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. You acknowledge and agree that any actual or threatened breach of these Terms or infringement of proprietary or other third-party rights by you would cause irreparable injury to Vitabox and Vitabox’s licensors and suppliers, and would therefore entitle Vitabox or Vitabox’s licensors or suppliers, as the case may be, to injunctive relief. By registering for the Service and providing your name, email, postal or residential address, and/or phone number through the Service, you expressly consent to receive electronic and other communications from Vitabox, over the short term and periodically, including email communications. These communications will be about the Service, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing. The headings in this Agreement are for convenience only and shall have no legal or contractual effect.

Contact Us

If you have any questions about these Terms, please contact us at support@vitabox.com