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I. Introduction
Welcome to VitaminDoctorUSA.com. This Terms of
Use Agreement sets forth the Agreement between
Nutritional Consultants USA. ("VitaminDoctorUSA.com"
or "we")
and each user ("you" or "user") governing the use
by you of this site. Nutritional Consultants USA.
is a wholly-owned subsidiary of Vitamin Shoppe
Industries Inc. All orders accepted herein are
fulfilled by Vitamin Shoppe Industries Inc., which
is subject to all of the provisions set forth herein.
Please read this Agreement carefully before using
this site. By using this site, you signify your
assent to this Terms of Use Agreement. If you do
not agree to the terms and conditions contained
in this Terms of Use Agreement, you may not access
or otherwise use this site. This Agreement does
not apply to any transaction or relationship between
the parties that is not related to the use of this
website and/or the purchase and sale of merchandise
through this website.
II. Miscellaneous
The failure of VitaminDoctorUSA.com or its affiliates
to insist upon strict adherence to any term of
this Agreement shall not constitute a waiver of
such term and shall not be considered a waiver
or limit that party's right thereafter to insist
upon strict adherence to that term or any other
term of this Agreement. You agree that regardless
of any statute or law to the contrary, any claim
of cause of action arising from or relating to
use of this site or this Agreement must be filed
within one (1) year after such claim or cause of
action arose, or will be forever barred. The "No
Warranty - Disclaimer" and "Limitation of Liability"
provisions
of this Agreement are for the benefit of
VitaminDoctorUSA.com
and its affiliates as defined herein, and each
of these individuals or entities shall have the
right to assert and enforce these provisions directly
against you on its own behalf. With the prior agreement
of VitaminDoctorUSA.com, any claim, dispute or
controversy arising or concerning this site and/or
this agreement shall be decided by binding arbitration
with the Rules of the American Arbitration Association
and any such arbitration pro brought and held in
Westmoreland County, Pennsylvania, USA. The decisions
of the arbitrators shall be conclusive upon all
parties involved and judgment upon any award of
the arbitrator by any court having competent
jurisdiction.
This provision shall be specifically enforced by
a court of competent jurisdiction.
III. Copyright and Trademarks
All website design, text, graphics, sound, software
and other content, and the selection and arrangement
thereof, are the property of VitaminDoctorUSA.com
or its licensors, and are protected by United States
and international copyright law. All rights to
such materials are reserved to their respective
copyright owners. Permission is granted to electronically
copy and to print in hard copy portions of this
website for the sole purpose of placing an order
with VitaminDoctorUSA.com or using this website
as a shopping vehicle. Any other use of materials
on this site, including without limitation reproduction
for purposes other than noted above, modification,
distribution, replication, commercial or other
exploitation, or creation of derivative works,
without the prior written permission of
VitaminDoctorUSA.com,
is strictly prohibited. VitaminDoctorUSA.com, and
all logos, page headers, custom graphics and icons
are service marks and/or trademarks of
VitaminDoctorUSA.com
or its licensors or affiliates. All other trademarks,
service marks, product names and company names
or logos that appear on this site are the property
of their respective
owners.
IV. No Warranty - Disclaimer
VitaminDoctorUSA.com is providing this site and
its contents on an "as is" basis. VitaminDoctorUSA.com
and its officers, directors, employees, agents,
licensors, suppliers, content providers and the
like (together, "affiliates") make no representations
or warranties of any kind, express or implied,
with respect to this site or its contents, including
without limitation the products, information or
services offered or sold on or through this site
or any Linked Site and the uninterrupted and error-free
use of this site. VitaminDoctorUSA.com and its
affiliates expressly disclaim all such representations
and warranties, including without limitation all
warranties of merchantability, accuracy, timeliness,
completeness, fitness for a particular purpose
and non-infringement. VitaminDoctorUSA.com and
its affiliates do not warrant that the site or
files available on the site will be free from corrupted
data, computer viruses or similar destructive or
contaminating code. No oral or written statements
by VitaminDoctorUSA.com or its affiliates will
create any warranty not expressly set forth herein.
Your use of this site and any Linked Site is at
your sole risk.
V. Order Acceptance
Please note that there may be certain orders that
we are unable to accept and must cancel. We reserve
the right, at our sole discretion, to refuse or
cancel any order for any reason. For your convenience,
you will not be charged until your payment method
is authorized, the order information is verified
for accuracy and your order is shipped. Some situations
that may result in your order being canceled include
limitations on quantities available for purchase;
inaccuracies or errors in product or pricing information;
product or ingredient restrictions mandated by
local, state, national or international regulations;
or problems identified by our credit and fraud
avoidance group. We may also require additional
verifications or information before accepting any
order. We will contact you if all or any portion
of your order is canceled or if additional information
is required to accept your order. If your order
is canceled after your credit card has been charged,
we will issue a credit to your credit card in the
amount of the charge. VitaminDoctorUSA.com strictly
follows all national and international regulations
regarding the sale, purchase and shipment of any
product or product ingredient that is considered
restricted or prohibited by any law within the
United States or abroad.
VI. Order Returns
Whether you buy from our website or catalog,
you may return any damaged product with accompanying
receipt within thirty days of purchase and receive
a full refund by mail to : VitaminDoctorUSA.com, ATTN: Returns, P.O. Box 391, Pleasant Unity, PA. 15676-0391.
VII. Prices & Currency
The prices displayed on this Site are quoted in
U.S. dollars and are valid and effective only within
the United States, and such prices do not include
shipping and handling or sales taxes, if applicable,
which will be added to your total invoice price.
You are responsible for the payment of any shipping
and handling charges and state and local sales
or use taxes that may apply to your order. International
shipment rates vary based on total package weight
and final destination. All pricing does not include
duties, insurance costs, tariffs, or value-added
taxes. If assessed, these charges are the responsibility
of the package recipient, who will be billed for
them by the local Customs office.
VIII. Pricing or Typographical Errors
We work hard to provide accurate product and pricing
information. However, pricing or typographical
errors may occur. In the event that an item is
listed at an incorrect price or with incorrect
information due to an error in pricing or product
information, VitaminDoctorUSA.com shall have the
right, at our sole discretion, to refuse or cancel
any orders placed for that item. If an item is
incorrectly priced, we will either contact you
for instructions or cancel your order and notify
you of such cancellation. Prices and availability
are subject to change without notice.
IX. Quantity Limits and Items for Resale
VitaminDoctorUSA.com reserves the right to limit
the quantity of items purchased per person, per
household or per order. These restrictions may
be applicable to orders placed by the same account,
the same credit card, and also to orders that use
the same billing and/or shipping address. We will
provide notification to the customer e-mail and/or
billing address provided should such limits be
applied. VitaminDoctorUSA.com also reserves the
right to prohibit
sales to dealers.
X. Limitation of Liability
VitaminDoctorUSA.com AND ITS AFFILIATES SHALL NOT
UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING OUT OF, IN CONNECTION WITH
OR RELATING TO THE USE OF OR INABILITY TO USE THIS
SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY
(I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER
OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE
PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE
INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO
OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI)
FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING
TO THIS SITE OR ANY LINKED SITE. THIS IS A COMPREHENSIVE
LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES
OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD
WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING
SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION
OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN
IF THE USER ADVISES OF THE POSSIBILITY OF SUCH
DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH
HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN VitaminDoctorUSA.com AND THE
USER. THE PRODUCTS, INFORMATION AND SERVICES OFFERED
ON AND THROUGH THIS SITE WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. BECAUSE THE LAWS OF SOME
STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN
DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO
THE FULLEST EXTENT PERMITTED BY LAW. Notwithstanding
the foregoing, the sole and entire maximum liability
of VitaminDoctorUSA.com and its affiliates for
any reason, and your sole and exclusive remedy
for any cause or claim whatsoever, shall be limited
to the amount paid by you for any product, information
or service purchased by you from VitaminDoctorUSA.com
on this site. You agree to indemnify, defend and
hold harmless VitaminDoctorUSA.com and its affiliates
against all claims, demands, causes of action,
losses, expenses, damages and costs, including
without limitation any reasonable attorneys' fees,
resulting or arising from or relating to your use
of or conduct on the site, any activity related
to your account by you or any other person, any
material that you submit to, post on or transmit
through the site, your violation of these Terms
of Use, your infringement or violation of any rights
of another, or termination of your access to this
site.
XI. Site Usage/Termination of Usage
You agree to maintain the security of your account
on the site, including the security of your password
and other confidential information relating to
the use of the site and your account on the site.
You agree to be responsible for all charges resulting
from the use of your account on the site, including
charges resulting from unauthorized use of your
account prior to your taking steps to prevent such
occurrence by changing your password and notifying
VitaminDoctorUSA.com. You agree to use this site
only for lawful purposes, and that you are responsible
for your use of and communications on the site.
You agree not to post on or transmit through this
site any unlawful, infringing, threatening, harassing,
defamatory, vulgar, obscene, profane, indecent,
offensive, hateful or otherwise objectionable material
of any kind, including without limitation any material
that encourages criminal conduct or conduct that
would give rise to civil liability, infringes others'
intellectual property rights or otherwise violates
any applicable local, state, national or international
law. You agree not to use this site in any manner
that interferes with its normal operation or with
any other user's use and enjoyment of the site.
You agree not to reproduce, modify, distribute,
replicate, commercially exploit or create derivative
works of any portion of the site or material thereon.
You further agree that you will not access our
website by any means except through the interface
provided by VitaminDoctorUSA.com for access to
the site. You agree that you will not access this
site from any territory where its contents are
illegal, and that you, and not VitaminDoctorUSA.com
and its affiliates, are responsible for compliance
with applicable local laws. These terms are effective
unless and until terminated by either you or
VitaminDoctorUSA.com.
You may terminate this Agreement at any time, provided
that you discontinue any further use of this Site.
VitaminDoctorUSA.com also may terminate or suspend
this Agreement, at any time, without notice, and
accordingly deny you access to the site, if in
VitaminDoctorUSA.com's sole discretion you fail
to comply with any term or provision of this Agreement
or your use is harmful to the interests of another
user or VitaminDoctorUSA.com or its affiliates.
Upon any termination of the Agreement by either
you or us, you must promptly destroy all materials
downloaded or otherwise obtained from this site,
as well as all copies of such materials, whether
made under the terms of use or otherwise. You agree
that VitaminDoctorUSA.com may terminate or suspend
your access to all or part of this site, without
notice, for any conduct that VitaminDoctorUSA.com,
in its sole discretion, believes is in violation
of these Terms of Use or any applicable law or
is harmful to the interests of another user,
VitaminDoctorUSA.com
or its affiliates.
XII. Applicable Law; Jurisdiction
This Agreement shall be governed by and construed
in accordance with the laws of the State of Pennsylvania
without regard to choice of law rules. Each user
agrees to submit to personal jurisdiction in the
State of Pennsylvania and further agrees that any
cause of action arising from or relating to the
use of this site or this Agreement shall be brought
exclusively in Federal or State Courts for Westmoreland
County, Pennsylvania.
XIII. Severability; Interpretation
If any provision of this Agreement shall be deemed
unlawful, void, or for any reason unenforceable
by a court of competent jurisdiction, the validity
and enforceability of any remaining provisions
shall not be affected. When used in this Agreement,
the term "including" shall be deemed to be followed
by the
words "without limitation."
XIV. Entire Agreement
This Agreement constitutes the entire and only
Agreement between VitaminDoctorUSA.com and each
user of this site with respect to the subject matter
of this Agreement and supercedes any and all prior
or contemporaneous Agreements, representations,
warranties and understandings, written or oral,
with respect to the subject matter of this Agreement.
You agree to review this Agreement prior to your
use of this site and your use of this site shall
be deemed acceptance of and assent to this Agreement
by you.
XV. Changes to Terms of Use Agreement
This information was last updated on January 1,
2006. VitaminDoctorUSA.com may, in its sole discretion,
amend this Terms of Use Agreement from time to
time. Please check this Agreement area periodically
for changes. Use of this website after any modification
implies that you consent to this Agreement as
modified.
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