Terms of Use

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE ("TERMS") BEFORE USING THIS WEB SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. These Terms only apply to the vitaminID.com web site, (the "Site") which is owned or controlled by Pharmavite Direct LLC ("Pharmavite Direct," "we" or "us"), or other interactive features or downloads that are owned or controlled by Pharmavite Direct and are available through the Site or that interact with the Site and post these Terms. These Terms govern your use of the Site. These Terms do not apply to any other web site or any offline activities by Pharmavite Direct (unless specifically stated). You agree to these Terms by accessing or using the Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS DO NOT USE THE SITE.

In some instances, both these Terms and a separate terms of service or guidelines document setting forth additional conditions may apply to a service or product offered via the Site ("Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review the terms of the Site's Privacy Policy.

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE

The information contained in this Site, or provided to you via the Site in response to a request made or a question asked by you, or as a result of the completion of a questionnaire by you, or contained in your vitaminID kit, is provided for informational purposes only. The information should not be considered complete and does not cover all health issues. The information should not be used in place of a visit with, call to, consultation or advice from your physician or other health care provider.

Pharmavite Direct does not recommend self-management of health problems nor does it endorse any particular type of medical treatment. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your physician or other health care provider. You should not conclude by virtue of the dietary supplement recommendation made on this Site, something you have read on this Site or in the information provided in response to your inquiries or questions or in your vitaminID kit that you do not need to consult a health care professional nor should you rely on such information to cure an ailment or alleviate pain.

Never disregard medical advice or delay in seeking medical advice or treatment as a result of something you read on this Site, or as a result the dietary supplement recommendations made on this Site, or as a result of the answer to any of your inquiries via the Site or as a result of the information contained in the vitaminID kit. The information is not a substitute for professional medical advice and nothing contained on this Site or in a response to your inquiries or questionnaires via the Site or in your vitaminID kit is intended to be instructional for medical diagnosis or treatment.

Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.

THIS SITE IS INTENDED FOR ADULTS

This Site is intended for adults at least 18 years of age or older. By using this Site, you acknowledge that you are 18 years or older.

ORDERS AND SHIPPING

General

Before placing your order, you should review your order and the ingredient list for your recommended supplements to ensure that the supplements do not contain ingredients to which you may be allergic. You should also review the cautionary statements for their applicability to you.

Because these vitamin packs are built specifically for you, we need 2-4 business days to process an order. You will receive an email upon order processing and we will send you an email once the product has been shipped with an estimated delivery date based on the shipping method you chose. Once you place your order, a hold for the amount of the order is placed on your credit card; however, your credit card is only charged once your order is shipped.

You may change the credit card to be charged for your orders prior ot the time the orders are placed by accessing you are My Account section of this Site.

Autoship

If you enroll in autoship, you are authorizing us to automatically process and ship your customized order every 28 days and to bill your credit card for the amount of your replenishment order every 28 days for your vitaminID packs. You agree that we are not obligated to send you any renewal or advance billing notices or confirmations that your credit card has been charged. The same credit card that you used initially when you placed your order will be the charged for your replenishment order. Autoship users receive free UPS ground shipping on all orders. Replenishment orders will come in a refill shipper and not a designer box.

If the price for your vitaminID packs is changed (see Program Changes), we will notify you by email and obtain your authorization to charge your credit card for the new price of your vitaminID pack. If you not provide such authorization, your credit card will not be charged the new price and your replenishment orders will be cancelled.

Electronic Communications

When you communicate with us through the Site or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements and other communications we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writring and signed by the party sending the communication.

PROGRAM CHANGES

We reserve the right to change the amount charged for the vitaminID kits, to institute new fees and charges, and to cease offering the Nature Made vitaminID program and/or autoship upon written notice to registered users. We also reserve the right to change the formulations of the dietary supplements and to delete any given dietary supplement offered in the Nature Made vitaminID program at any time.

If you are an autoship customer, and a dietary supplement that is part of your autoship order or your order is deleted from the program or the amount of any of the ingredients listed in the supplemental facts box for one of your dietary supplements is materially changed, you will receive an email giving you the option to cancel your replinshment orders. If you are not an autoship customer, but are a registered member, when you go to reorder based on your prior order if a dietary supplement has been deleted from the program or the amount of any of the ingredients listed in the supplemental fax box for one of your dietary supplements is materially changed, you will be notified of the change prior to your order.

RETURNS AND REFUNDS

By agreeing to these Terms, you also agree to the Cancellation Policy and the Returns PolicyPlease read and review the Cancellation Policy and Returns Policy for full details.

Cancellation Policy

Individual orders and replenishment orders may not be cancelled once placed.

To cancel future autoship orders, access My Account section of this Site.

Returns Policy - 30 Day Money Back Guarantee

If, for any reason, you are not satisfied with your purchase, you may return your product within 30 days of your receipt of your vitaminID kit for a full refund; we offer a 30 day money back guarantee. Please fill out the return authorization form and return the unused portion of the product along with the completed form to vitaminID.com (address below) within 30 days of original purchase. A completed copy of the return authorization form must be included with your return to complete the return and receive payment. Your original payment amount for the product will be reimbursed to the method of payment used, within 30 days of receipt of your package and form to the address below. Please note that it may take one billing cycle for the credit to appear on your credit card statement. You will be responsible for the cost of shipping the returned product. If you have any questions please call 1.877.272.MYID.

Pharmavite Direct LLC
Returns Manager
9018 Balboa Blvd #356
Northridge, CA 91325

OWNERSHIP OF SITE MATERIALS

Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Site (including past, present and future versions), including, without limitation: graphics; layout; text; instructions, images; audio videos; designs; advertising copy; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the "look and feel" of the Site; the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site (collectively, the "Materials" are owned, controlled or licensed by Pharmavite Direct, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.

The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of Pharmavite Direct, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited.

YOUR LICENSE TO USE MATERIALS ON OUR SITE

Subject to your strict compliance with these Terms, Pharmavite Direct grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view and/or play one copy of the Materials on any single computer for your personal, non-commercial use only, provided that: (a) you keep intact all copyright and other proprietary notices contained in the original Materials or any copy you may make of the Materials; (b) you do not use the Materials in a manner that suggests an association with any of our products, services or brands; (c) you make no modifications to the Materials; (d) you do not allow or aid or abet any third party (whether or not for your benefit): (i) to copy or adapt the object code of any Site' s software, HTML, JavaScript or other code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its web pages or any software or other products or processes accessible through the Site; and (e) you do not insert any code or product to manipulate the Materials in any way that affects any user's experience.

You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage), nor will you (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these Terms or otherwise in writing by Pharmavite Direct.

COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY

You may not use the Site for any purpose or in any manner that infringes the rights of any third party. Pharmavite Direct encourages you to report any content on the Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), Pharmavite Direct has a designated agent for receiving notices of copyright infringement and Pharmavite Direct follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Pharmavite Direct's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. p512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Pharmavite Direct's copyright agent for notice of claims of copyright infringement on or regarding the Site can be reached as follows:

NOTE: This contact information is for inquiries regarding potential copyright infringement only.

For inquiries regarding content that you believe may otherwise violate your rights, please see below.

If you believe that any content on the Site contains violates your exclusive rights other than copyrights, please provide Pharmavite Direct at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why the you believe the content infringes those rights, sufficient for us to evaluate the complaint; and (d) accurate contact information for you. Please send your complaint regarding content on this Site to:

Pharmavite Direct's copyright agent for notice of claims of copyright infringement on or regarding the Site can be reached as follows:

IP Agent
Pharmavite Direct LLC
9018 Balboa Boulevard, #356
Northridge, CA 91325
IPAgent@vitaminID.com

We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

Pharmavite Direct will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights.

INFORMATION / CONTENT YOU SUBMIT

The Site may provide you and others with the opportunity to participate in forums, blogs, message boards and other communication functionality and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Pharmavite Direct or the Site, including, without limitation, success stories, testimonials, photographs, writings, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, "User Content").

Except as otherwise described in the posted Privacy Policy, or other agreement on the Site at which you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Pharmavite Direct these licenses. Upon Pharmavite Direct's request, you will furnish Pharmavite Direct any documentation, substantiation or releases necessary to verify your compliance with these Terms.

You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to Pharmavite Direct.

You grant to Pharmavite Direct the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license (but not obligation) to host, use, post, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, edit, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media, software, formula or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed and to advertise, market and promote the same.

You further agree that Pharmavite Direct is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site or Pharmavite Direct, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based thereon; or advertising our products and services, and without remuneration of any kind. You further perpetually and irrevocably grant Pharmavite Direct the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or remuneration to you. You also grant to Pharmavite Direct the right to sub-license and authorize others to exercise any of the rights granted to Pharmavite Direct under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to Pharmavite Direct under these Terms. You further authorize Pharmavite Direct to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

You agree that Pharmavite Direct has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees' licensed rights to your User Content.

You further acknowledge and agree that Pharmavite Direct will not have any obligation to review, monitor, display, accept or exploit any User Content and Pharmavite Direct may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability; provided, however, that Pharmavite Direct reserves the right to treat User Content on any Site, or on certain portions of any Site, as content stored at the direction of users for which Pharmavite Direct will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth below in our Community Usage Rules when violations are brought to Pharmavite Direct's attention. Such User Content posted at your or other users' direction need not, however, be maintained on the Site by us for any period of time and you will not have the right, once posted, to access, archive, maintain or otherwise use such User Content on the Site. You agree and understand that Pharmavite Direct is not obligated to use User Content and that you will not receive any consideration or compensation for your User Content or for any exploitation of it.

USER INTERACTIONS AND DISPUTES

You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.

ACCEPTABLE USE POLICY: COMMUNITY USAGE RULES

As a user of the Site, you agree that these Community Usage Rules ("Rules") are here to help you understand the conduct that is expected of members of the Site ("Community"). Your participation in the Community is subject to all the Terms, including these Rules. Please follow these Rules as you upload any User Content, comment, reply, and create forum discussions with other members of the Community:

18 and older only please.Community members must be 18 years and older with no exceptions.
Membership through our registration process and agreement to these Terms is required to participate in the Community.
User Content must be yours please. All User Content must be original with you, not copied from someone else's work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Site and elsewhere.
No pictures or images of anyone but you and your friends and family. If you choose to upload photos to the Site, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with their express permission to post it.
Don't upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
No music please. Your User Content may not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.
Keep it relevant. Your User Content should relate to the content on the Site and should be intended to add to the discussion and community on the Site - it should not include irrelevant topics or postings (this is not the place to discuss politics, religion, or private matters).
Please follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others' opinions and comments so we can continue to build a Community for everyone to enjoy. If you think your User Content might offend someone, chances are it probably will and it doesn't belong on the Community. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
Do not use the Community for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the Site. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don't upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
No violence. Your User Content may not promote violence or describe how to perform a violent act.
Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
Public forum. We hope that you will use the Community to exchange information and content and have discussions with other members. However, please remember that the Community is a public forum and User Content that you post on the Community will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
Don't share other people's personal information. Your User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
Don't damage the Site or anyone's computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Site or any computer system.

In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

MEMBERSHIP & REGISTRATION

Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain Materials or User Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or User Content or participate in certain features of the Site. When you provide information to the Site, you agree to provide only true, accurate, current and complete information.

If you register with us, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Site using your name in whole or in part. Pharmavite Direct reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.

YOUR WARRANTIES

You represent and warrant that: (i) you are at least eighteen (18) years of age and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf; (ii) all information you provide to Pharmavite Direct is accurate and complete; (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms. You also agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and you will be responsible for all charges related thereto.

PROMOTIONS

The Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion.

THIRD PARTY LINKS AND CONTENT

There may be links from the Site, or communications you receive from the Site, to third party web sites or our Site may include third party content that we do not control, maintain or endorse. Accessing those third party sites requires you to leave the Site. We do not control those third party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. PHARMAVITE DIRECT ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD PARTY SITE THAT YOU VISIT.

LINKING POLICY

Pharmavite Direct grants you the revocable permission to link to the Site; provided, however, that your web site, or any third party web sites that link to the Site: (a) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (b) must not imply that Pharmavite Direct or the Site is endorsing or sponsoring it or its products, unless Pharmavite Direct has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Pharmavite Direct's sole opinion, harm Pharmavite Direct or its products or services; (d) must not use any Pharmavite Direct trademarks without the prior written permission from Pharmavite Direct; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Pharmavite Direct's sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements.

Notwithstanding anything to the contrary contained in these Terms, Pharmavite Direct reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.

MOBILE

The Site may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to upload content to the Site, receive messages from the Site, download applications to your mobile phone or access Site features (collectively, the "Mobile Features"). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. The instructions will typically require you to text a keyword (e.g., "STOP," "CANCEL," "END," "UNSUBSCRIBE," "QUIT," etc.) to the applicable shortcode for the Mobile Feature.

You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding Pharmavite Direct. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify Pharmavite Direct of any changes to your mobile number and update your account(s) on the Site to reflect this change.

DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PHARMAVITE DIRECT OR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS, SHAREHOLDERS, AGENTS, VENDORS, CONTRACTORS (COLLECTIVELY, THE "PHARMAVITE DIRECT PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITE; (C) USER CONTENT; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITE; (E) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE SITE; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO PHARMAVITE DIRECT OR VIA THE SITE. IN ADDITION, THE PHARMAVITE DIRECT PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE PHARMAVITE DIRECT PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE PHARMAVITE DIRECT PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK. THE PHARMAVITE DIRECT PARTIES DO NOT WARRANT THAT YOUR USE OF THIS SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE PHARMAVITE DIRECT PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION's LAW IS APPLICABLE TO THESE TERMS.

BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.

THE PHARMAVITE DIRECT PARTIES DO NOT ENDORSE THE USER CONTENT OR COLLABORATIVE CONTENT, IS NOT RESPONSIBLE FOR THE USER CONTENT OR COLLABORATIVE CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT OR COLLABORATIVE CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OR COLLABORATIVE CONTENT OBTAINED THROUGH THE SITE.

LIMITATION OF LIABILITY; WAIVER

UNDER NO CIRCUMSTANCES WILL THE PHARMAVITE DIRECT PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SITE; (B) THE MATERIALS; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE PHARMAVITE DIRECT PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SITE's TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER's COMPUTER, HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION , INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE PHARMAVITE DIRECT PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE PHARMAVITE DIRECT PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE PHARMAVITE DIRECT PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TWENTY-FIVE UNITED STATES DOLLARS ($25.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF PHARMAVITE DIRECT's ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE PHARMAVITE DIRECT PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE PHARMAVITE DIRECT PARTIES.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "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."

INDEMNIFICATION

You agree to defend, indemnify and hold the Pharmavite Direct Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your User Content; (b) your use of the Site or activities in connection with the Site; (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Pharmavite Direct Parties' use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and Pharmavite Direct. You will cooperate as fully required by the Pharmavite Direct Parties in the defense of any claim. The Pharmavite Direct Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Pharmavite Direct Parties.

TERM AND TERMINATION

Pharmavite Direct reserves the right to terminate your access to and use of the Site in its sole discretion, without notice and liability, including, without limitation, if Pharmavite Direct believes your conduct fails to conform with these Terms. Pharmavite Direct also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Site or Pharmavite Direct. Any violation of these Terms may be referred to law enforcement authorities.

Upon termination of your access to the Site, or upon demand from Pharmavite Direct, all rights granted to you under these Terms will cease immediately, and you agree that you will: (a) immediately discontinue use of the Site; (b) destroy all materials obtained from the Site and all related documentation; and (c) as applicable, pay any amounts owed to Pharmavite Direct in full within thirty (30) days from the date of such termination and continue to pay any other amounts owed under these Terms.

LOCATION OF SITE AND TERRITORIAL RESTRICTIONS

Unless otherwise specified, the Site is presented solely for, and any coupons, checks, promotions and programs are offered only to, residents of the lower 48 States of the United States of America.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Pharmavite Direct to any registration requirement within such jurisdiction or country. Pharmavite Direct controls and operates the Site from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in other locations. Anyone using or accessing the Site from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.

Software related to or made available by this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

ARBITRATION; GOVERNING LAW; COMMENCEMENT OF ACTIONS

Disputes regarding use of or transactions conducted on this Site should be submitted to Pharmavite Direct's Consumer Affairs Department, within thirty days of the event giving rise to the dispute. The Consumer Affairs Department can be contacted by calling 1-877-272-MYID.

In the event that any such disputes arise, the records of transactions as collected and maintained by Pharmavite Direct will be the definitive record as to whether or not a transaction took place and the details related to that transaction. You agree that any contest to a decision by Pharmavite Direct hereunder will be submitted to arbitration under the Commercial Arbitration Rules of the American Arbitration Association and you hereby expressly waive trial by jury. The arbitration will be conducted in Los Angeles County, California, in the English language by three arbitrators appointed in accordance with the Commercial Arbitration Rules. You will bear 50% of the cost of any arbitration and you alone will be responsible for your attorney's fees. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages.

You agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.

These Terms are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity relating to the arbitration provision of these Terms will be filed only in the state or federal courts located in Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms if held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction or during an arbitration per the arbitration terms above, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Pharmavite Direct's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.

MISCELLANEOUS

The failure of Pharmavite Direct to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Pharmavite Direct's rights with respect to such breach or any subsequent breaches. No waiver by Pharmavite Direct of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized office of Pharmavite Direct. Neither the course of conduct between the parties nor trade practice will act to modify these Terms . Pharmavite Direct may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Pharmavite Direct's prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from th ese Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Pharmavite Direct by virtue of Pharmavite Direct having drafted them.

ENTIRE AGREEMENT, TERMINATION AND MODIFICATIONS

Pharmavite Direct reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information or content available on the Site, without limitation, in whole or in part, including the cessation of all activities associated with the Site, with or without notice. You agree that Pharmavite Direct will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof. Pharmavite Direct also reserves the right to charge for use of the Site, in whole or in part, and to change its fees from time to time in its discretion.

Pharmavite Direct reserves the right to change, modify, amend and/or update these Terms at any time with or without prior notice. Any change or modification made by Pharmavite Direct will be effective immediately upon posting on the Site and your continued use of the Site means that you have agreed to accept any changes or modifications made by Pharmavite Direct. You should therefore periodically visit this page to review the most recent Terms.