The following ("Contract Terms") are terms of a legal agreement between you and Vitatra.com, Inc. ("Vitatra"). By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by Vitatra from its offices within the United States. Vitatra makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site 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 and the materials contained herein is governed by the laws of the State of California.
- 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 promptly should you have any health related questions. Never disregard or delay medical advice based upon 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 read 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 Vitatra. 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.
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.
Vitatra is not liable for any information provided on this Site with regard to recommendations regarding supplements for any health purposes. The 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. Vitatra makes no guarantee or warranty with respect to any products or services sold.
Vitatra is not responsible for any damages for information or services provided even if Vitatra has been advised of the possibility of damages
- You must provide, at your own cost, all telephone and other equipment and services (including where necessary, telephone service and internet access service) necessary to access the Service.
- Links; Third Party Websites
- Links to or access from any third party websites or resources is not an endorsement of any information, product or service. Vitatra does not control or endorse any third party websites. Vitatra is not responsible for the content or performance of any third party websites. Use of any third party websites is at your own risk.
- Copyright, Trademarks and other Intellectual Property
- You acknowledge the copyright in all material provided on this Site is held by Vitatra or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Vitatra or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Vitatra's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You agree to grant to Vitatra a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Service (such as bulletin boards, forums and chat rooms) by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against Vitatra for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
- Social Media
You agree that you are at least 18 years old and will not: violate any local, state, federal and international laws and regulations, transmit any material that is unlawful, disruptive, threatening, profane, abusive, or otherwise objectionable, transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation.
Vitatra is not responsible for the comments and postings therein and reserves the right to monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue your access to any Social Media Site, at any time, without notice and for any reason and in its sole discretion.
- International Access
- This Site may be accessed by users in countries other than the United States. This Site may contain products or references to products that are not available outside the United States. If you access this Site from a location outside the United States, you are responsible for compliance with all local laws and regulations. You agree that you will not use this Site content or products in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
- Liability Disclaimer
- YOU AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS" AVAILABLE" BASIS, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT. VITATRA AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, " VITATRA ENTITIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
VITATRA ENTITIES MAKE NO WARRANTY THAT THIS SITE WILL MEET YOUR REQUIREMENTS, THIS SITE WILL BE TIMELY, SECURE, TIMELY, ERROR FREE OR UNINTERUPTED, THE RESULTS OBTAINED FROM THIS SITE WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS AND ANY SITE ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. NO INFORMATION OBTAINED BY YOU FROM VITATRA ENTITIES OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL PRODUCTS AND SERVICES PURCHASED THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS OR SUPPLIERS. IF ANY, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE VITATRA ENTITIES [DEFINE] DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON THIS SITE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE VITATRA ENTITIES EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS ATTRIBUTABLE TO NORMAL WEAR, PRODUCT MISUSE OR MODIFICATION, ABUSE, INCORRECT PRODUCT SELECTION AND NOT FOLLOWING PRINTED DIRECTIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VITATRA ENTITIES 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 ANY LIABILITY AS A, PUBLISHER OF INFORMATION, RESELLER OF ANY PRODUCTS OR SERVICES, FOR ANY DEFECTIVE PRODUCTS, FOR ANY INCORRECT INFORMATION OR INACCURATE INFORMATION, FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE OR FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING 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 NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE ARRANGEMENT BETWEEN VITATRA AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS, NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF VITATRA ENTITIES 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 VITATRA ON THIS SITE.
- You agree to indemnify, defend and hold harmless Vitatra Entities from and against all losses, expenses, costs and damages including attorney's fees, resulting from your use of or contact on this Site, your use or your inability to use this Site or services, any products or services purchased or obtained by you in connection with this 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 attorney 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 Vitatra.
- Site Usage & Usage Termination
- You are required to establish an account on this Site in order to use certain features, such as making a purchase. You agree to provide accurate, true, complete and current information about yourself as prompted by this Site and to promptly update such information to maintain accurate, true, complete and current information. If you provide any inaccurate, false, incomplete or outdated information or Vitatra at its sole discretion suspects that such information is inaccurate, false, incomplete or outdated, Vitatra reserves the right to suspend or terminate your account and prohibit any and all current or future use of this Site or any portion thereof by you. 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. You agree to be responsible for all charges resulting from the use of your account on this 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.
You agree to use this Site for lawful purposes and that you are responsible for your use of and communications on this Site. You agree not to post on or transmit through this Site any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive or otherwise objectionable material of any kind including any material that encourages illegal conduct or conduct that would encourage civil liability, infringes on other's intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Site in a manner that would interfere with normal operation or infringes on any others use of this Site.
You agree not to access this Site by any means other than the interface provided by Vitatra. Creating or maintaining any link from another website to any page on this Site without prior written authorization from Vitatra is prohibited. Displaying or running this Site or any information or material displayed on this Site in frames or through similar means on another website without the prior authorization of Vitatra is prohibited. Any permitted links to this Site must comply with all applicable laws, rules and regulations.
Vitatra makes no representation that Materials contained on this Site or that products described or offered on this 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. Users to this 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 this Site from any location or territory where its contents are illegal and that you and not Vitatra are responsible for compliance with all applicable laws and regulations.
We reserve the right to terminate any account if your order is deemed fraudulent or credit card charges are disputed. You agree that Vitatra may terminate or suspend your access to all or part of this Site, with or without notice, for any conduct that Vitatra, at its sole discretion, believes is in violation of any part of this Agreement, laws or regulations or is harmful to another user or any Vitatra parties.
The following shall survive any termination of the Agreement either by Vitatra or you; Privacy, Liability Disclaimer, Severability; Interpretation, and Miscellaneous.
- User Content and Conduct
- Where applicable at this Site, you may post your own content ("User Content"). You understand that you are solely responsible for any content you post to this Site. You alone assume all risks associated with your content including anyone's reliance on its accuracy, truthfulness or reliability or any disclosure by you of information in your content that makes you identifiable. Once published, your content may not be able to be withdrawn. You may not imply that your content is endorsed by Vitatra. You may expose yourself to liability if your content is false, defamatory, intentionally misleading, violates any third-party right including copyright, trademark, patent, trade secret, privacy right, right of publicity or any other intellectual property or proprietary right or any material that is unlawful or violates or advocates the violation of any law or regulation. We cannot guarantee that your 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 this Site. Vitatra will not be liable for any user content, including, any errors or omissions, any loss or damage incurred as the result of the use of any user content in any manner posted to this Site. Vitatra is not responsible for any user's use or misappropriation of any content you post to this Site.
By posting user content to this 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 reproduce, adapt, publish translate, edit, sub-license, create derivative works from and distribute such content or incorporate such content into any form. The foregoing grant includes, without any limitation, any copyrights and other intellectual property rights in and to your user content. You represent and warrant that the content you posted does not violate the privacy or publicity rights, copyrights, contract rights or any other rights including moral rights of any person. You agree to pay for all royalties, fees and any other amounts owed to any person by reason of any content you posted to this Site.
You understand that Vitatra 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 Vitatra, its users and the public. You understand that the technical processing and transmission of this Site, including your user content, may require transmitting over different networks and changes to conform to technical requirements of connecting devices or networks.
Your content postings are voluntary including, ideas, opinions and disclosures. There is no confidential or contractual relationship established by posting your content or review or use of your content. Vitatra is not liable for any disclosure of any user content, including opinions, suggestions you post to this Site. Vitatra is entitled to unrestricted use of any user content it may receive, for any purpose, commercial or otherwise, without compensation to you as the content provider.
- You agree not to use this Site to:
- a. Post or otherwise transmit any user content that is harmful, false, unlawful, obscene, defamatory or otherwise objectionable.
b. Harass, stalk or otherwise abuse another.
c. Impersonate any person or entity or misrepresent your affiliation with any person or entity.
d. Harm minors.
e. Manipulate identifiers in order to disguise the origin of any user content posted to this Site.
f. Post or otherwise transmit any user content that you do not have the right to transmit under any law, contractual or fiduciary relationships.
g. Post or otherwise transmit any user content infringes any patent, copyright, trademark or other proprietary rights ("Rights") of any party or post or otherwise transmit any protected material on this Site.
h. Post or otherwise transmit any unsolicited advertising, promotional materials, spam, junk mail, pyramid schemes or any other form of solicitation.
i. 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 this Site.
j. Collect data about other Site users.
k. Gain access to unauthorized areas of this Site.
l. Gain access to unauthorized servers or networks.
We will terminate the account and/or block Site users who violate the intellectual property rights of any person on this Site. You understand that by using this Site you may be exposed to other's user content that is indecent or otherwise objectionable. Vitatra does not endorse or have control over user content. User content is not reviewed by Vitatra prior to posting and does not reflect the opinions of Vitatra. Vitatra makes no representations or warranties express or implied with regards to the accuracy or reliability of user content or any other material or information you may obtain from this Site. Vitatra is not responsible for monitoring this Site for inappropriate user content or conduct. If at any time Vitatra chooses, in its sole discretion, to monitor this Site, Vitatra nonetheless assumes no responsibility for the user content, has no obligation to modify or remove any inappropriate user content, and has no responsibility for the conduct of this Site users submitting any such user content. Notwithstanding the foregoing, Vitatra reserves the right to remove any user content that violates this Agreement or is otherwise objectionable, in Vitatra's sole discretion. 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. Vitatra, in its sole discretion, has the right but is under no obligation to monitor communications between you and other Site users and to terminate your Site access.
You agree to indemnify us for any and all third party claims, damages, losses and causes of action arising from or as a result of your posting any content or materials or your failure to comply with this Agreement. Vitatra does not and cannot review all communications and content users post or upload to the interactive areas of this Site. Vitatra is not responsible for any of the content of these communications or materials posted or uploaded to this Site. Vitatra reserves the right to block, move, delete, edit whole or in part, any content submitted by you to this Site that we determine to be fraudulent, deceptive, misleading, abusive, obscene, defamatory or violation of a copyright, trademark or other intellectual property right of another or otherwise unacceptable to Vitatra at its sole discretion. Any content posted to interactive areas of this Site should not be construed as professional healthcare advice or instruction.
This Site is intended for adult use. If you are under 18, do not submit any information or content to this Site.
- This Agreement constitutes the only Agreement between Vitatra and any and all Site users 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
- This Agreement and any dispute, litigation or arbitration arising from or in any way related to the Agreement or the relationship of the parties, whether the claims asserted in such dispute, litigation or arbitration are based on contract, tort, equitable relief or on any other basis shall be governed, construed and enforced in accordance with the laws of the United States and the State of California, with reference to the rules governing choice of laws.
Any litigation arising from or in any way related to this Agreement or the relationship of the parties must be brought in the federal or state courts located in Los Angeles County, California. You irrevocably consent to the jurisdiction of such courts and venue in Los Angeles County, California.
To the extent permitted by applicable law, you and Vitatra hereby waive the right to a trial by jury in any proceeding or litigation brought against the other with respect to this Agreement or this Site. In addition, neither you nor Vitatra shall be entitled to join or consolidate claims by or against other Site user, or litigate any claim as a representative or class action or in a private attorney general capacity.
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 of the benefit of and be enforceable against the parties and their respective successors and assigns.
- The failure of the Vitatra Entities 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. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to the 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 permanently barred. The "Liability Disclaimer" provisions of this Agreement are for the benefit of Vitatra 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.
- Vitatra may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Service, or by written communication delivered by first class U.S. mail to your address on record in Vitatra’s account information. You may give notice to Vitatra at any time by letter delivered by certified first class postage prepaid U.S. mail or overnight courier to the following address.
- Vitatra Inc.,