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Terms of Use and Disclaimer


 

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

 

Welcome to PickVitamin.com Online Store (the "Site") which includes our country-specific websites, mobile websites, mobile apps, blogs, and Social media. This PickVitamin Terms of Use Agreement ("Agreement") sets forth the agreement between PickVitamin, Company. ("PickVitamin"), PickVitamin companies (together "We", "Us", or "Our") and each user ("User", "Your" or "You") governing the use by you of the Site, the PickVitamin Privacy Policy ("Privacy Policy"). Please read this agreement carefully and fully before using the Site, participating in Reviews Program, Social Media, or disclosing to us any personal information. PickVitamin reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on this website immediately. Please check the latest information posted herein to inform yourself of any changes.

 

By using the Site, Making Purchase, Sharing Products, participating in the Reviews Program, Social Media Discuss, or disclosing to us any personal information: you agree that you have read and understood the terms of this Agreement, you accept and agree to be bound by the terms of this Agreement, and you accept and agree to abide by all laws and regulations applicable to the subject matter of this Agreement.

 

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS WEBSITE OR OTHERWISE USE THE SITE.

 

 

Terms of Use and Agreement

 

The following ("Terms of Service Agreement") are terms of a legal agreement between you and PickVitamin.com, ("PickVitamin"). By using this site ("Site"), browsing or accessing you acknowledge that you have read, fully understood, and agree to be bound by these terms and to obey with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms and conditions, do not use this Site.

 

The materials provided on this Site are protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is operated and controlled by PickVitamin from its offices within the United States. PickVitamin makes no representation that materials in the Site (“PickVitamin”) are available or appropriate for use in other locations, and access to them from areas/ territories where their contents are illegal and/or prohibited. Those who choose to use or access this Site ("PickVitamin") from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site ("PickVitamin") and the materials contained “herein” is governed by the laws of the State of California.

 

The site is not targeted towards, nor intended for use by, anyone under the age of 16. By using the site, you represent and warrant that you are 16 years of age or older. If you are not at least 16 years of age, do not access, use, or register for an account on the site. In addition, you may not make a purchase from our site unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the site, and (b) that you have full power and authority to agree to the Terms and in doing so will not violate any other agreement to which you are a party.

 

NOT HEALTHCARE ADVICE, YOU SHOULD ALWAYS CONSULT WITH A LICENSED DOCTOR OR HEALTHCARE PROFESSIONAL PRIOR TAKING ANY HOMEOPATHIC, NUTRITIONAL, HERBAL OR DIETARY SUPPLEMENT.

 

PickVitamin does not warrant and shall have no liability for information provided in this site regarding recommendations concerning supplements for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare professional. The claims made about specific or products or nutrients have not been evaluated by the Food and Drug Administration. Dietary supplements are not intended to diagnose, treat, cure, or prevent disease. Please consult with a healthcare doctor or professional before starting any diet, exercise, or supplementation program. PickVitamin makes no warranty or guarantee, express or implied, with respect to any products or services sold, including any warranty of merchantability or fitness for a particular purpose or intention.

 

All information is compiled from a variety of sources ("Information Providers"). Neither PickVitamin nor any Information Provider shall be responsible for information provided herein under any theory of liability or indemnity. Liability of PickVitamin or Information Providers, if any, for damages (including, without limitation, liability arising out of negligence, strict liability, contract, patent, or tort or copyright infringement) shall not exceed the fees paid by the user for the particular information or service provided. In no event shall PickVitamin or any Information Provider be liable for any damages other than the amount referred to above, and all other damages, direct or indirect, special, incidental, punitive or consequential, are hereby excluded even if PickVitamin or Information Provider has been advised of the possibility of such damages and claims.

 

Information accessed through this online site is provided "AS IS" and without warranty, implied or express. All suggested warranties of merchantability and fitness for a particular use or purpose are hereby excluded. PickVitamin and Information Providers make no warranty as to the reliability, accuracy, usefulness, timeliness, or completeness of the information. PickVitamin and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. PickVitamin is not responsible for updating information contained here, which may be rendered obsolete based upon subsequent medical developments.

 

The information contained in this online site (the "Service") is presented in summary form only and intended to provide broad consumer understanding and knowledge of health care topics. The information should not be considered complete and should not be used in place of a visit, consultation, call, or advice of your physician or other health care provider. The Service does not recommend the self-management of health problems. Information obtained by using the Service is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment. Should you have any healthcare-related questions, please call or see your physician or other health care provider immediately. You should never disregard medical advice or delay in seeking it because of something you have read here. If you are under medical care or taking prescriptions, you should consult with your physician or doctor as to the influence of PickVitamin products on your health.

 

The Service is an online information and communications service provided by PickVitamin, subject to your agreement with the terms and conditions set forth below, including all exhibits hereto and the other information which is available in the registration process and on the Service ("Information") and incorporated by reference in this Agreement. This Agreement consists of the Disclaimer set forth above and the terms and conditions set forth below, including all exhibits hereto and the Information.

 

ATTENTION: YOU SHOULD READ THIS AGREEMENT CAREFULLY BEFORE USING OR ACCESSING THE SERVICE. BY USING OR ACCESSING THE SERVICE, YOU ARE BOUND TO AGREE BY THE TERMS AND CONDITIONS SET FORTH BELOW AND THE DISCLAIMER AND CONTRACT TERMS SET FORTH ABOVE. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS AND DISCLAIMER, YOU MAY NOT ACCESS OR USE THE SERVICE. PICKVITAMIN RESERVE THE RIGHT TO MODIFY THIS AGREEMENT WITHOUT NOTICE, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED USE OR ACCESS OF THE SERVICES SHALL BE CONSIDERED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

 

 

Business Licenses, Website Design, Copyright, and Other Proprietary Designs

 

By using or accessing the service, you are bound to agree that all materials on this Site, including this Sites layout, design, graphics, sounds, images, text, pictures, software and other files and the arrangement and selection of the thing just mentioned, (Proprietary “Materials") are the property of PickVitamin and are subject to and protected by the United States and international copyright and other intellectual property laws and rights. The trademarks, trade names, service marks, and logos (Proprietary "Marks") sustain on this site, including without limitation PickVitamin (“Logo”) are the sole property of PickVitamin and may not be copied, shared, or otherwise used, in whole or in part without the prior written authorization of PickVitamin. Additionally, all custom graphics, pictures, custom icons, and page headers are Marks of PickVitamin and may not be copied, shared, or otherwise used, in whole or in part without the prior written authorization of PickVitamin. Other trademarks, copyrights, company names, product names, logos, or proprietary materials are the property of the belonging owners with all rights reserved. Any use of any Materials or Marks owned by PickVitamin is considered a violation of our intellectual property rights (including patent rights) and will be legally pursued as such. By accepting the Terms of Use, you agree that you will not use any design, graphics, sounds, images, text, pictures, equivalence, or other copyrighted or protected material of PickVitamin or of other third parties.

 

 

Trademark Legal Notice

 

All product names, logos, and brands are the property of their respective owners. All company, product, and service names used in this website are for identification purposes only. The use of these names, logos, and brands does not imply endorsement.

 

Other trademarks and trade names may be used in this website to refer to either the entities claiming the marks and/or names or their products and are the property of their respective owners. We disclaim proprietary interest in the marks and names of others.

 

 

Software License

 

By this Agreement, PickVitamin acknowledges to you, subject to the terms of this Agreement, a non-exclusive and non-transferable license to use for your personal usage only any documentation and software, in conjunction with all modifications, enhancements, fixes, and updates thereto, which are fully owned by PickVitamin and/or its Licensors. PickVitamin has no responsibility to change or update any of the preceding.

 

  

Equipment


You must provide at your own cost all equipment and services required to access this Site.

 

 

Social Media


PickVitamin sustains and connects with varieties of Social Media sites. These social media sites include but are not limited to varieties of networks, bulletin boards, blogs, news media, and multi-media sites or other user-created content sites (“PickVitamin Social Media Sites”). By Posting, viewing and/or accessing any of the content to any PickVitamin Social Media Site on the internet, you agree, without limitation or qualification, the complete terms of use for those social media sites.

 

You accept that you are 18 years old or older and will not: violate any state, federal, local, and international laws and regulations, transfer any material that is unlawful, threatening, disruptive, abusive, irreverent, or otherwise offensive, transfer any unauthorized or unsolicited broadcast materials, advertisement, "spam mail," "junk," "pyramid schemes" "chain letters," or any other form of submitted solicitation.

 

PickVitamin is not liable for the Postings, comments and ideas documented and reserves the right to delete, prohibit, restrict, block, suspend, monitor, destroy, or discontinue your access to any Social Media Site, at any time, without further notice and for any reason and in its sole circumspection.

 


Termination of Usage and Site Usage

 

This Agreement will begin upon your usage and accessing the Service and/or finishing the sign-up or registration process. This Agreement may be brought to an end or terminated by PickVitamin without further notice at any time for any kind of reason and may be terminated by you upon notice to PickVitamin at any time for any kind of reason. From there including Usage Restrictions, Indemnification, License, Copyright and Any ideas of proposing Miscellaneous and Third-Party Rights will remain valid to any termination of this Agreement.

 


Indemnification

 

You agree to indemnify, defend and hold harmless PickVitamin Parties against all demands, claims, losses, expenses, damages, causes of action,  and penalties costs, including any reasonable attorneys' fees, resulting from 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 individual, any material that you post on, submit to, or share through the Site, your violation of this Agreement, your infraction or copyright infringement of any rights of another, or termination of your use to the Site.

 

 

No Statements Regarding of Product Claims:

 

You represent and warrant that you will not make any statements and/or product claims not approved by the United States Food and Drug Administration. If you are unsure about the answer about a product or service, refer others to the manufacturer directly.

 

 

No Warranty:

 

THE REWARDS PROGRAM IS BEING PROVIDED TO YOU "AS IS", WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITIONS. WE EXCLUDE ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH OTHERWISE MIGHT BE IMPLIED OR INCORPORATED INTO THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS INCLUDES BUT IS NOT LIMITED TO IMPLIED WARRANTIES AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

 

 

Agreement

 

This Agreement constitutes the only Agreement between us (PickVitamin.com) and you with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of this Agreement.

 

 

Severability: Interpretation

 

If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remainder of this Agreement will remain in force. When used in this Agreement, the term "including" will be deemed to be followed by the words "without limitation".

 

Applicable Law: Jurisdiction: Dispute Resolution and Class Waiver

 

All questions concerning the construction, validity, enforcement, and interpretation of this Agreement shall be governed by and construed in accordance with the domestic laws of the State of California, without giving effect to any choice of law or conflict of law.

 

To the fullest extent permitted by law, you and PickVitamin.com Entities agree to arbitrate any controversy, claim or dispute arising out of or in any way related to this Agreement.

 


Miscellaneous


This Agreement shall be ruled by and interpreted in accordance with the laws of the State of California. You accept that any legal action or proceeding in between PickVitamin and you for any motive concerning this Agreement or the parties’ obligations hereunder shall be brought restrictively in a court of competent jurisdiction sitting in Los Angeles County, California. You hereby waive your right to a jury trial in any action with respect to the subject matter of this Agreement. Any cause of claim or action you may have with respect to the Service must begin within one “1” year after the claim or cause of action emerges. PickVitamin’s failure to enforce or insist upon strict performance of any provision of this Agreement shall not be interpreted as a waiver of any right or provision. Neither the course of conduct in between the trade practice nor parties shall act to change any provision of this Agreement. PickVitamin may designate its duties and rights under this Agreement to any party at any time without further notice.

 

 

Disclaimer: 

 

"Not Healthcare Advice" The products and claims made about specific products on or through this Site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure, or prevent disease. This Site is not intended to provide diagnosis, treatment, or medical advice. Products, services, information and other content provided on this Site, including information that may be provided on this Site directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health-related diagnosis or treatment options. Information provided on this Site and linked websites, including information relating to medical and health conditions, treatments, and products may be provided in summary form. Information on this Site including any product label or packaging should not be considered as a substitute for advice from a healthcare professional. This Site does not recommend self-management of health issues. Information on this Site is not comprehensive and does not cover all diseases, ailments, physical conditions, or their treatment. Contact your healthcare professional or practitioner promptly should you have any health-related questions. Never disregard or delay medical advice based upon the information you may have read on this Site. You should not use the information or services on this Site to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and carefully read the information provided by the product manufacture and any product label or packaging, prior to using any medication, nutritional, herbal, or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue. Individuals are different and may react differently to different products. You should consult your physician about interactions between medications you are taking and nutritional supplements. Comments made in any forums on this Site by employees or Site users are strictly their own personal views made in their own personal capacity and are not claims made by us or do they represent the position or view of PickVitamin. Product ratings by any current or previous employees or Site users are strictly their own personal views made in their own personal capacity and are not intended as a substitute for appropriate medical care or advice from a healthcare professional or Practitioner. Always check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification as to product labeling and packaging details and recommended use. PickVitamin is not liable for any information provided on this Site with regard to recommendations regarding supplements for any health purposes. All products or claims made about specific nutrients or products have not been evaluated by the Food and Drug Administration. Dietary products are not intended to treat, prevent, or cure disease. Consult with a healthcare professional before starting any diet, supplement, or exercise program. PickVitamin makes no guarantee or warranty with respect to any products or services sold.

 

 

BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

  

 

 

 

 

 

 

 

 

 

 

 

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