support@vitalytes.com | 866-677-6444

Terms of Use

Last Updated 3/9/2018

  1. This website (the “Site”) is owned and operated by Vitalytes, LLC, “Vitalytes.com” (“Vitalytes,” “we” or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Vitalytes.
  2. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website.
  3. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified. 

NOT HEALTHCARE ADVICE

  1. The products and claims made about specific products on or through the Site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease.
  2. The Site is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Site, including information that may be provided on the 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.
  3. Information provided on the Site and linked websites, including information relating to medical and health conditions, treatments and products may be provided in summary form. Information on the Site including any product label or packaging should not be considered as a substitute for advice from a healthcare professional. The Site does not recommend self-management of health issues. Information on the Site is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health related questions. Never disregard or delay medical advice based upon information you may have read on the Site. 
  4. Links to or access from any third party websites or resources is not an endorsement of any information, product or service. We are not responsible for the content or performance of any third party websites. Use of any third party websites is at your own risk.
  5. You should not use the information or services on the 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 read information provided by the product manufacturer 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.
  6. Comments made in any forums on the 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 our positions or views. 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. We are not liable for any information provided on the Site with regard to recommendations regarding supplements for any health purposes.
  7. 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. 

PRODUCT PURCHASES

  1. To the extent you make purchases on the Site, you agree that all purchases of products are made pursuant to the respective designated order placement.
  2. Title for any products purchased by you will transfer upon our delivery to the carrier.
  3. All products purchased will be subject to these terms and conditions and refund policy. For enquiries please contact us at support@vitalytes.com

SITE USAGE & TERMINATION

  1. By using our Site or participating in any of the Programs, you represent and agree that you are at least 18 years of age or older and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in this Agreement or any Program terms and conditions. If you are under the age of 18, you are not permitted to use this Site or participate in any Program.
  2. You are required to establish an account on the Site in order to use certain features, such as making a purchase.
  3. You agree to provide accurate, true, complete and current information about yourself as prompted by the Site and to promptly update such information to maintain accurate, true, complete and current information.
  4. If you provide any inaccurate, false, incomplete or outdated information or we in our sole discretion suspect that such information is inaccurate, false, incomplete or outdated, we reserve the right to suspend or terminate your account and prohibit any and all current or future use of the Site or any portion thereof by you.  
  5. During the registration process you will create a username and password. You are responsible for the confidentiality of your account and password and are fully responsible for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or password or any other security breach and to ensure that you exit from your account at the end of each session.
  6. 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. We are not liable for any loss or damage resulting from your failure to comply with this section. 
  7. We make no representation that Materials contained on the Site or that products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country.
  8. Users of the Site outside the United States do so at their own initiative and risk and are responsible for complying with all applicable laws and regulations. You agree not to access the Site from any location or territory where its contents are illegal and that you and not us, are responsible for compliance with all applicable laws and regulations.
  9. This Agreement is effective until terminated by either us or you. We, in our sole discretion, may suspend or terminate this Agreement at any time without notice and deny you access to the Site or any portion of it. You may terminate this Agreement at any time by contacting support@vitalytes.com and discontinuing all use of the Site. Upon termination by us or you, you must destroy all materials obtained from the Site including all copies of such materials whether made under the terms of use contained in this Agreement or otherwise. We reserve the right to modify or discontinue, temporarily or permanently, the Site or any portion of it with notice to you.
  10. We reserve the right to terminate any account if your order is deemed fraudulent or credit card charges are disputed. You agree that we may terminate or suspend your access to all or part of the Site, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of any part of this Agreement, laws or regulations or is harmful to another user or us or our affiliates.
  11. The following shall survive any termination of the Agreement either by us or you; Privacy, Liability Disclaimer, Severability; Interpretation, and Miscellaneous.

DISCLOSURE OF USER CONTENT

  1. Where applicable at the Site, you may post your own content (“User Content”). You understand that you are solely responsible for any content you post to the Site. You alone assume all risks associated with your User Content including anyone’s reliance on its accuracy, truthfulness or reliability or any disclosure by you of information in your User Content that makes you identifiable. You may not imply that your User Content is endorsed by us. We cannot guarantee that your User Content will not be misused by other users. If you have information you want to keep confidential and/or do not want others to use, do not post it to the Site. We will not be liable for any User Content, including, any errors or omissions, or any loss or damage incurred as the result of the use of any User Content in any manner posted to the Site. We are not responsible for any user’s use or misappropriation of any User Content you post to the Site.
  2. By posting User Content to the Site, you hereby grant (or warrant that the owner of such rights has expressly granted) us perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, host, store, reproduce, adapt, publish, translate, edit, sub-license, modify, create derivative works from, communicate, publish, publicly display and distribute such User Content or incorporate such User Content into any form. You represent and warrant that the User Content you posted does not violate the privacy or publicity rights, copyrights, contract rights or any other rights including moral rights of any person.
  3. You understand that we may preserve User Content and may disclose User Content if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce this Agreement, respond to claims that any User Content violates the rights of third-parties, or protect the rights, property or personal safety of us, our users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may require transmitting over different networks and changes to conform to technical requirements of connecting devices or networks. 

PROHIBITED USE

You agree not to use the Site to:

    1. Post or otherwise transmit any user content that is harmful, false, unlawful, obscene, defamatory or otherwise objectionable.
    2. Harass, stalk or otherwise abuse another.
    3. Impersonate any entity or misrepresent your affiliation with any person or entity.
    4. Harm minors.
    5. Attempt to disguise the origin of any user content posted to the Site.
    6. Post or otherwise transmit any user content that you do not have the right to transmit under any law, contractual or fiduciary relationships.
    7. Post or otherwise transmit any user content that infringes on any patent, copyright, trademark or other proprietary rights (“Rights”) of any party or post or otherwise transmit any protected material on the Site.
    8. Post or otherwise transmit any unsolicited advertising, promotional materials, spam, junk mail, pyramid schemes or any other form of solicitation.
    9. Post or otherwise transmit any content that contains viruses, Trojan horses, or other harmful, disruptive or destructive materials that limit the functionality of any computer software, hardware or telecommunications equipment or interferes with any third party’s use of the Site.
    10. Collect data about other Site users.
    11. Gain access to unauthorized areas of the Site including servers or networks.

PENALTIES FOR MISCONDUCT

  1. We will terminate the account and/or block Site users who violate the Rights of any person on the Site. You understand that by using the Site you may be exposed to other User Content that is indecent or otherwise objectionable. We do not endorse or have control over User Content.
  2. User Content is not reviewed by us prior to posting and does not reflect our opinions. We make no representations or warranties express or implied with regard to the accuracy or reliability of User Content or any other material or information you may obtain from the Site.
  3. We are not responsible for monitoring the Site for inappropriate User Content or conduct. If at any time we choose, in our sole discretion, to monitor the Site, we nonetheless assume no responsibility for the User Content, and have no responsibility for the conduct of the Site users submitting any such User Content.
  4. Notwithstanding the foregoing, we reserve the right to remove any User Content that violates this Agreement or is otherwise objectionable, in our sole discretion.
  5. You agree that you must evaluate, and bear all the risks that are associated with the use of any User Content, including reliance on accuracy, completeness or usefulness of such content. In this regard, you acknowledge you may not rely on any User Content. You are solely responsible for your interactions with other Site users. We, in our sole discretion, have the right but are under no obligation to monitor communications between you and other Site users and to terminate your Site access.
  6. We do not and cannot review all communications and content users post or upload to the interactive areas of the Site. We are not responsible for any of the content of these communications or materials posted or uploaded to the Site.
  7. We reserve the right to block, move, delete, edit in whole or in part, any content submitted by you to the Site that we determine to be fraudulent, deceptive, misleading, abusive, obscene, defamatory or a violation of a copyright, trademark or other intellectual property right of another or otherwise unacceptable to us in our sole discretion. Any content posted to interactive areas of the Site should not be construed as professional healthcare advice or instruction.
  8. We reserve the right to terminate any account if your order is deemed fraudulent or credit card charges are disputed. You agree that we may terminate or suspend your access to all or part of the Site, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of any part of this Agreement, laws or regulations or is harmful to another user or us or our affiliates.
  9. The following shall survive any termination of the Agreement either by us or you; Privacy, Liability Disclaimer, Severability; Interpretation, and Miscellaneous.

PRIVACY

  1. Your privacy and security are a top priority at Vitalytes. Please review the Vitalytes Privacy Policy, which applies to personal information obtained from or provided by you on the Site.

INTELLECTUAL PROPERTY

  1. Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
  2. The Site is provided solely for your personal non commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site.
  3. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
  4. Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose.
  5. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
  6. You acknowledge and agree that any contributions originally created by you for  us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended.  As such, the copyrights in those works shall belong to Vitalytes from their creation.  Thus, Vitalytes shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as Vitalytes determines.  In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Vitalytes all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
  7. You acknowledge that Vitalytes has the right but not the obligation to use and display any postings or contributions of any kind and that Vitalytes may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
  8. Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

TESTIMONIAL DISCLAIMER

  1. Testimonials found at Vitalytes.com are unverified results that have been forwarded to us by users of Vitalytes, and may not reflect the typical purchaser’s experience (as are described above,) may not apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results.
  2. If we have disclosed typical results based on information provided to us by a manufacturer or other reputable third party source, you should presume that the typical results as stated are more reliable than the testimonials and other examples found at Vitalytes.com and/or from Vitalytes.
  3. However, you should always perform due diligence and not take such results at face value. We are not responsible for any errors or omissions in typical results information supplied to us by manufacturers or other reputable third parties.
  4. If a product or service is new, you understand that it may not have been available for purchase long enough to provide an accurate results history. Again, it is possible that even with perfect use of the program, you will not achieve the results described in testimonials. They are meant to be a showcase of the best results the program has produced, and should not be taken as the results a typical user will get

PROFESSIONAL ADVICE DISCLAIMER

  1. We make no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this site, in any offering and/or the material. reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by us.
  2. views and opinions of users of this site do not necessarily state or reflect those of vitalytes. users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this site.

LIABILITY DISCLAIMER

  1. You understand and agree that this site and all material and intellectual property contained on it are distributed “as is” “as available” “with all faults” and without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability, non-infringement or fitness for a particular purpose or those arising by statute or otherwise in law or from a course of dealing or usage of trade. some jurisdictions do not permit the exclusion of implied warranties, so the above exclusion may not apply to you. you may have other rights which vary by jurisdiction.
  2. You agree that we and our parents, affiliates, subsidiaries, licensors and assigns, and each of their respective employees, officers and directors (collectively, the “released parties”), are not liable to you for damages of any kind, whether based in tort, contract, strict liability or otherwise, including, without limitation, any direct, special, indirect, incidental, consequential or punitive damages arising or resulting in any way from or in connection with this site, the offerings, the user forums, the material, or any errors or omissions in its technical operation or the material, even if we have been advised of the possibility of such damages, whether caused in whole or in part by negligence, acts of god, telecommunications failure, theft or destruction of, or unauthorized access to, this site or its related information or programs.
  3. The internet may be subject to breaches of security. we are not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. you should also be aware that email submissions over the internet may not be secure, and you should consider this before submitting any information to anyone over the internet. we make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this site. this site may be temporarily unavailable due to maintenance or malfunction of computer equipment.
  4. By accessing this 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 or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
  5. Notice to new jersey residents: your rights are protected under the truth-in-consumer contract, warranty and notice act and new jersey law generally. the following provisions in these terms of use do not apply to you and are not intended to vary, diminish or alter your rights under new jersey law: specifically, nothing in these terms of use limits, varies, diminishes, affects, or otherwise voids or alters your rights under new jersey law as they relate to limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to, conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright. your rights regarding these specific provisions will be governed by new jersey law. in the event of any conflict between these terms of use and new jersey law, new jersey law shall govern.

QUANTUM DAMAGES

  1. To the maximum extent permitted by applicable law, in no event shall Vitalytes entities be liable for any indirect, incidental, special or consequential damages (including damages for loss of business, loss of profits, loss of goodwill, 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 negligence), product liability or otherwise, even if Vitalytes entities are advised of the possibility of such damages.
  2. the limitations of liability set forth herein are fundamental elements of the basis of the arrangement between Vitalytes and you. the products, information, programs and services offered on and through the site would not be provided without such limitations. subject to the foregoing, to the maximum extent permitted by applicable law: (i) if you are a customer, the maximum liability of Vitalytes entities shall be limited to the amount paid by you for any product, information or service purchased by you from Vitalytes on the site, and (ii) if you are a participant in any program, the maximum liability of Vitalytes entities shall be limited to the amount credited or paid to you by Vitalytes under the applicable program during 12 months prior to the date leading to liability. Please see our refund policy regarding refunds.

INDEMNIFICATION

  1. You agree to indemnify, defend and hold harmless Vitalytes from and against all losses, expenses, costs and damages including attorney’s fees resulting from your use of or contact on the Site, your participation in any Program, your use or your inability to use the Site or services, any products or services purchased or obtained by you in connection with the Site, any Site postings or activity related to your account made by you or another person, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will still be required to indemnify us for the attorneys’ fees and expenses in addition to any losses, claims, damages and liabilities incurred by us. You shall not in any event settle any matter without prior written consent of Vitalytes.
  2. You agree to indemnify us for any and all third party claims, damages, losses, liability and causes of action in any way arising from or as a result of your posting any content or materials or your failure to comply with this Agreement. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will still be required to indemnify us for the attorney fees and expenses in addition to any losses, claims, damages and liabilities incurred by us.

SEVERABILITY; INTERPRETATION

  1. 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.
  2. 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

  1. 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 Texas, without giving effect to any choice of law or conflict of law.
  2. To the fullest extent permitted by law, you and Vitalytes Entities agree to arbitrate any controversy, claim or dispute arising out of or in any way related to this Agreement, including but not limited to claims based on contract, tort, negligence, statutory or regulatory provisions. Each party is giving up its right to sue in court and to have any controversy, claim or dispute heard by a judge or jury.
  3. You and Vitalytes entities expressly agree to arbitrate any controversy, claim or dispute arising out of or in any way related to this agreement. this agreement to arbitrate also applies to threshold arbitrability issues, including issues related to whether the agreement is unconscionable or illusory and any defense to arbitration. you also agree that any arbitration may only be brought in your and our individual capacities, not as a class, purported class or representative action. the arbitrator may not consolidate more than one individual or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding.
  4. The mutual promise by you and Vitalytes Entities to arbitrate any and all disputes, and to do so on an individual basis, rather than to litigate before the courts or other bodies, provides the mutual consideration for this agreement to arbitrate.

MISCELLANEOUS

  1. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns.
  2. The failure of Vitalytes to enforce your strict performance of any term of this Agreement will not constitute a waiver of such term and will 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.

LIMITATION PERIOD

  1. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be permanently barred.
  2. The “Liability Disclaimer” provisions of this Agreement are for the benefit of Vitalytes Entities as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against your on its own behalf.

CONTACT US

  1. If you have any questions about this Agreement, contact our support@vitalytes.com

Welcome to the website. Notice of consent to the terms of service

Notice of FDA not approved + medical advice disclaimer

notice to user to exercise caution and due diligence before using product

legal capacity to use product. Age requirement notice. Fair and accurate info

do users get to create accounts?

Refund Policy

Cookie Policy

Privacy Policy

Terms of Use

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866-677-6444

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