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Discover Nature MadeThese Terms of Service/Use, together with any documents they expressly incorporate by reference (collectively, these “Terms”), are entered into by and between you and Pharmavite LLC (“Pharmavite”, “we,” “us,” or “our”). These Terms apply to and govern your use of www.naturemade.com and any website, mobile application, or platform owned or controlled by Pharmavite upon which these Terms are posted, including any content, functionality, and services offered on or through such website, mobile application, or platform (collectively, the “Site”), whether as a guest or registered user. These Terms constitute a legally binding agreement between you, the person using the Site (“you” or “your”), and Pharmavite.
Please read these Terms carefully before using the Site, as they affect your legal rights and obligations. By using the Site, you accept and agree to be bound and abide by these Terms and our Privacy Policy. If you do not agree to be bound by these Terms, you must not use the Site.
ARBITRATION NOTICE: THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY, A MANDATORY INDIVIDUAL ARBITRATION PROVISION, AND A CLASS ACTION WAIVER. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION AND WAIVER OF CERTAIN RIGHTS” SECTION BELOW, ALL DISPUTES, ACTIONS AND CLAIMS BETWEEN YOU AND PHARMAVITE WITH REGARD TO THESE TERMS AND YOUR USE OF THE SITE SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
There may be times when we offer a service or feature that has its own terms and conditions that apply in addition to these Terms (“Additional Terms”). In those cases, the Additional Terms shall control to the extent there is a conflict with these Terms, unless the Additional Terms state otherwise.
This Site is offered and available to users who are eighteen (18) years of age or older and reside in the United States or any of its territories or possessions. By using the Site, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not use the Site.
Pharmavite is not engaged in rendering medical or similar professional services and this Site does not provide medical advice, diagnosis or treatment information. The content and information provided by the Site or in response to inquiries or questionnaires is generalized, presented in summary form, and for informational purposes only. Information on the Site may not be complete and does not cover all health issues. Therefore, never use or rely on any information on the Site for diagnosing or treating any health issue or disease or in place of a consultation with your doctor or other health care provider. Pharmavite does not recommend self-management of health problems, nor does it endorse any particular type of medical treatment. IF YOU SUSPECT YOU HAVE A MEDICAL PROBLEM, PLEASE PROMPTLY CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER.
We assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the Site.
You may contact us with general questions regarding our products, dietary supplements, or health matters, but do not send us any specific medical, therapeutic or treatment questions. Note that information and statements on the Site have not been evaluated by the Food and Drug Administration and our products are not intended to diagnose, treat, cure, or prevent any disease.
All information, text, images, audio, video, and any other materials that are included in or are otherwise a part of the Site, including past, present and future versions, domain names, source and object code and the “look and feel” of the Site (“Site Content“), are owned, controlled or licensed by Pharmavite, its subsidiaries, affiliates, or licensors, or other providers of such Site Content and are protected from unauthorized use, copying and dissemination by United States and international copyright, trademark, patent, and other laws, rules, regulations and treaties.
The Site Content may not be copied, reproduced, downloaded, or distributed in any way, in whole or in part, except with the express permission of Pharmavite and as is expressly provided in these Terms. Any unauthorized use of the Site Content is prohibited.
Subject to your strict compliance with these Terms and any Additional Terms, Pharmavite grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable, and non-transferable license to access, view and download (if downloading is expressly offered by Pharmavite) the Site Content (with the exception of source and object code, other than as made available to access and use via standard web browsers).
When you access or view the Site Content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Site Content; and (c) not copy or adapt any object code associated with the Site or reverse engineer, modify or attempt to discover any source code associated with the Site, nor allow or assist any third party in doing so.
Any use of the Site not expressly permitted by these Terms is a breach of these Terms. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site shall stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are retained by the Company.
Pharmavite grants you the limited, revocable permission, subject to the restrictions in these Terms, to share portions of the Site Content with others via the following methods when a Site feature purposefully makes such sharing available (“Viral Distribution”): (a) sending Site Content to friends or acquaintances at no charge; or (b) posting and displaying a copy of Site Content on a personal website; or (c) posting and displaying a copy of the Site Content on a third party website that permits users to post content, so long as the third party website does not charge for access to those materials or associate those materials with products, services or advertising.
If you engage in Viral Distribution, you agree that you will not post any performance claims about a Pharmavite or Pharmavite brand (“Pharmavite Brand”, including but not limited to Nature Made®) product. For example, you must not claim that a Pharmavite or Pharmavite Brand product cures a disease or works in a specific way, but it would be acceptable to state “Nature Made vitamins are my favorite!” or “I think Nature Made vitamins are great!” with your Viral Distribution. You also agree that you will not imply that you and Pharmavite or any Pharmavite Brand are affiliated in any way or that Pharmavite approves of your comments.
The Site may provide certain content that you may choose to include on your personal web page, blog, third party website or social networking profile page, or similar page by pasting the HTML or other code provided by Pharmavite and labeled as embed code (or a similar identifying label) (“Widget”). Widgets are Site Content and subject to the limited, revocable license described above. You agree that you will not include or otherwise make available a Widget on a web page or website containing content that is distasteful, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable (in Pharmavite’s sole opinion). As described in the “Disclaimer of Warranties” section of these Terms, Pharmavite makes no specific warranties about Widgets. Pharmavite may discontinue providing the services necessary for the Widgets to operate at any time for any reason without any liability to you. You agree that our permission to you to use Widgets on your personal page does not provide you (or any third party) with any intellectual property rights in or to the Widget or any content made available via any Widget. In addition, Pharmavite may disable Widgets that you include on any personal page if you violate these Terms (as determined by Pharmavite in its sole discretion) or for any or no reason, without any liability to you.
You may not use the Site for any purpose or in any manner that infringes the intellectual property rights of any third party. If you have a good faith belief that content on a Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA“), Pharmavite has a designated agent for receiving notices of copyright infringement and Pharmavite follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Pharmavite’s copyright agent (whose contact information is set forth below) the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you; (e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or authorized to act on behalf of such owner.
Please send your notice of claims of copyright infringement on or regarding a Site or a complaint regarding alleged violation of rights other than copyrights to Pharmavite’ s copyright agent, who can be reached as follows:
Mailing Address: 8531 Fallbrook Avenue, West Hills, CA 91304
Phone: (818) 221-6200
Fax: (818) 221-6600
E-mail Address: copyrightagent@pharmavite.net
NOTE: This contact information is for notices or complaints regarding potential copyright and other infringement only.
We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we have the right to remove your content along with that of the alleged infringer pending resolution of the matter.
The Site may provide you the opportunity to participate and post content publicly in forums, through interactive features and through other communication functionality (collectively, “Community Forums”). You may choose to submit or post via Community Forums images, videos, writings, questions, comments, suggestions, or other content (collectively, “User Content”).
You agree that your User Content shall be treated as non-confidential and non-proprietary and shall not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Pharmavite the license below. Upon Pharmavite’s request, you shall furnish Pharmavite any documentation, substantiation or releases necessary to verify your compliance with these Terms.
You remain the owner of your User Content, but you acknowledge that Pharmavite must have a license from you in order to accept your User Content. Accordingly, you grant to Pharmavite and its parents, affiliates, subsidiaries, successors in interest, licensees, and assigns, and each of their officers, directors, shareholders, agents, representatives and employees (each a “Pharmavite Party” and, collectively, the “Pharmavite Parties”) an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license (but not obligation) to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed.
The Feedback you provide to us shall be and remain our exclusive property. “Feedback” means all text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, customer reviews, testimonials, and other content you post on or through this Site or share with us that is specifically about how we can improve this Site, the products, and services we make available through this Site, or your experience with our products and services. Your submission of Feedback shall constitute an assignment to us of all worldwide rights, title, and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We shall be entitled to reduce to practice, exploit, make, use, copy, disclose, display, or perform publicly, distribute, improve, and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct of any user. We have the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
When you contribute, upload, or otherwise provide User Content to the Site, you agree to comply with the following requirements:
In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
Certain areas of the Site may require registration or may otherwise ask or require you to provide information to participate.
To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You also agree that you shall not sell or otherwise transfer any part of your membership. You must not use anyone else’s password or account. You are responsible for maintaining the confidentiality of your username and password, and you accept sole responsibility for all activities that occur under your account, username, and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft, or unauthorized disclosure or use of your username or password by contacting us using the information provided below.
You agree that you shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data. By providing us with your contact information, you agree and consent to receive communications from us at such contact information. You understand that you do not have to consent to receive text messages in order to purchase any product or service, but that if you provide your mobile phone number, you consent and agree to receive text messages sent by us or our third-party service providers, which may be sent using an automated telephone dialing system, and that message and data rates may apply.
To purchase any products on this Site, you must: (a) be at least eighteen years of age, (b) provide us with valid payment information associated with a credit card or other payment method that you are authorized to use, and (c) authorize us to charge your credit card or other payment method for the price of the products you request, together with any taxes, fees, or shipping charges described when you purchase products on this Site.
While we make products available for purchase on this Site, we cannot guarantee the availability of any product displayed on this Site, and we have the right to discontinue and/or change the sale of any product listed on this Site at any time without notice. The prices provided on this Site are quoted in U.S. dollars and are valid and effective only within the United States. Published prices are subject to change without notice.
We take great pride and work diligently to ship your order as quickly as possible. Once an item is shipped, it limits our ability to edit or cancel your order. However, we will try our best to accommodate but cannot guarantee it. Please reach out to us with your specific request on https://help.naturemade.com/en-US/ssp/login.
For information and questions regarding your order, our billing and shipping procedures, see https://help.naturemade.com/en-US.
When you purchase a subscription, you'll receive repeat deliveries depending on the subscription duration and the frequency and products that you select. Your payment details will be stored securely, and you'll be charged for each delivery, unless you choose to pay in advance. By subscribing, you authorize your payment method on file to be charged on the same day of the month that you initiated your subscription at the cost of the item(s) as indicated on naturemade.com on the day that the order is processed less any subscription discount(s), if applicable, plus any applicable taxes. Your payment method on file will be charged at the beginning of any subsequent subscription period until you cancel. To ensure the same level of high quality, prices for subscribed products may be subject to change due to an increase in operating costs. We will send you an email noting the total amount to be charged prior to charging your payment method on file each subscription period.
Some subscriptions may auto-renew at the end of their duration. If you don’t want to renew a subscription you can cancel it. If you want to cancel or change your subscription, you can do so at any time. Your order confirmation emails have links to your order. You can manage your subscription from there. See our returns policy for more details on returns and refunds. When you purchase one or more products on subscription, you will automatically get free shipping on this and all future deliveries under the same subscription except on orders outside of the contiguous US, including Alaska, Hawaii & APO/DPO/FPO, which will be charged $8 for shipping.
We strive for accuracy in all information and Site Content referenced in the Site; however, due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all information, including product descriptions, photographs images, compatibility references, detailed specifications, pricing, links, availability and any other service-related information listed is accurate, complete or current, nor do we assume responsibility for these errors. We have the right at any time and without notice to update such information and Site Content and to correct or remove such errors, inaccuracies, or omissions.
If you purchase a product directly from us using the Site, and that was your first purchase of that product, you may request a refund of the purchase price or a replacement of that product if you make your refund/replacement request within 30 days of the date the product was delivered to you. This is our money back guarantee. Shipping fees are not refundable.
We are not responsible for orders shipped to the wrong address due to a customer’s error. Subscription orders that are not canceled or skipped prior to shipping are not eligible for a refund. If you purchased through a different retailer or e-retailer, please contact them directly and refer to their return policy.
If you would like to request a replacement or a refund, please contact us at https://help.naturemade.com/en-US/ssp/login and have your order confirmation number and original packaging available. We ask that you retain the product and packaging while we process your request as we may need to retrieve it for further analysis and investigation purposes. Our team will promptly review and process your request, if approved.
For product replacement, please allow 7 – 10 business days for the product to arrive.
If you request a refund, please allow 5 – 7 business days for your refund to process and reflect on your original payment method. We will send you an email notification to confirm when this has been processed.
The Site may contain or offer sweepstakes, contests, or other promotions, which may be governed by a separate set of official rules and have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read the applicable rules to determine whether or not your participation, registration or entry will be valid or restricted and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest, or promotion.
The Site may provide links to certain websites, services, and features provided by third parties (including third party stores selling products made by a Pharmavite Brand). The Site also may include third party content that we do not control, maintain, or endorse. We do not control or make any representations regarding any of these third-party services and websites or any of their content. Accordingly, you expressly acknowledge and agree that we are not responsible or liable for (a) any damages or injuries of any kind arising in connection with the content of linked third-party websites, services, advertisements, or other resources framed within the Site, or (b) your use of any third-party websites or other online features or services. Your use of third-party websites and services is at your own risk and subject to the terms and conditions established by such third parties. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
You may choose, at your sole and absolute discretion and risk, to use applications that enable interactions between the Site and a third-party website or online service (each, an “Application”), such as linking your profile on the Site with a third-party website or enabling you to “like” a product on the Site or “share” content to other websites. Such Application may interact with, connect to, or gather and/or pull information from and to your Site profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Site accounts, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Pharmavite has not provided such information; and (iii) your use of an Application is at your own option and risk, and you shall hold Pharmavite harmless for the sharing of information relating to your Site accounts that results from your use of an Application.
Pharmavite grants you the revocable permission to link to the Site; provided, however, that any link to the Site: (a) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (b) must not create the false impression that Pharmavite, any Pharmavite Brand, or the Site you link to is endorsing or sponsoring any third party or its products or services, unless Pharmavite has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Pharmavite’s sole opinion, harm Pharmavite or its products or services; (d) must not use any Pharmavite trademarks without the prior written permission from Pharmavite; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Pharmavite’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms.
Notwithstanding anything to the contrary contained in these Terms, Pharmavite has the right to prohibit linking to the Site for any reason in our sole and absolute discretion.
The Site may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to view Site Content, upload content to the Site, receive SMS or MMS messages from the Site, download applications to your mobile phone or access other content (collectively, the “Mobile Features”). Standard messaging, data and other fees may be charged by your carrier. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features.
The Mobile Features for which you are registered may send communications to your mobile device regarding Pharmavite or a Pharmavite Brand or product for which you signed up.
We offer our customers mobile alerts about new product launches, orders and shipping updates, and other marketing messages about events, products or other offers by SMS message, as well as the opportunity to text questions to or receive links to relevant information and other support from our Consumer Affairs team (the "Mobile Services"). By participating in these Mobile Services, you are agreeing to these Terms, including these Text Message Program Terms, and to the Privacy Policy.
We may modify or cancel any of the Mobile Services or any of their respective features without notice. To the extent permitted by applicable law, we may also modify these Text Message Program Terms, at any time and your continued use of the Mobile Services following the effective date of any such changes shall constitute your acceptance of such changes.
By signing up/opting in to use our Mobile Services, you confirm that you are the subscriber to the mobile phone number you provided or that you are the customary user of that number on a family or business plan and that you are authorized to signup/opt in. You also agree to receive recurring SMS/text messages, including both service-related and promotional messages, from and on behalf of us through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, information, back in stock, and abandon cart (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, social updates, products, education, and other marketing offers (e.g., cart reminders).
Depending on the Mobile Services you have signed up for/opted in to, we may ask you to verify the mobile phone number you provided by responding to a text message to your mobile phone that affirms your choice to opt-in to our Mobile Services and your agreement to these Terms.
You understand that you do not have to sign up for any of the Mobile Services in order to make any purchases, and your consent is not a condition of any purchase with us.
Your participation in this program is completely voluntary.
We do not charge you for the Mobile Services, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the respective Mobile Services at any time. Text the single keyword command STOP to the relevant Nature Made number (90717 for promotional/marketing text messages from our Nature Made team or 1-800-276-2878 for text messages from our Consumer Affairs team) at any time to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device from that number, unless initiated by you. If you have subscribed to other Nature Made mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For assistance, text HELP to the relevant number (either 90717 for promotional/marketing text messages from our Nature Made team or 1-800-276-2878 for text messages from our Consumer Affairs team) or email info@naturemade.com.
We may change any short code or telephone number we use to operate the Mobile Services at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received, and we shall not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Mobile Services are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you agree to notify us by communicating with our Contact Center, or via this link https://help.naturemade.com/en-US?contact_form=true.
To the extent permitted by applicable law, you agree that we shall not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE, SITE CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE SITE. THE SITE (INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT) IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE PHARMAVITE PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, SITE CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE PHARMAVITE PARTIES DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE PHARMAVITE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, THE PHARMAVITE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE PHARMAVITE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET ACCESS SERVICES, DEVICE HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY PHARMAVITE PARTY, WHETHER MADE ON THE SITE, IN RESPONSE TO A QUESTION SUBMITTED ON OR THROUGH THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU UNDERSTAND THAT BY USING THE SITE YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION(S) WHERE YOU ACCESS OR USE THE SITE. THE PHARMAVITE PARTIES NEITHER ENDORSE NOR ARE RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, STATEMENT, OR USER CONTENT MADE OR DISPLAYED ON THE SITE BY THIRD PARTIES (INCLUDING ANY USER OF THE SITE) AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM SUCH CONTENT OBTAINED ON OR THROUGH THE SITE. PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT AVAILABLE ON THE SITE. A POSSIBILITY EXISTS THAT THE SITE COULD INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, A POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE SITE BY THIRD PARTIES. ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY OF THE SITE,THE PHARMAVITE PARTIES MAKE NO GUARANTEES AS TO THE SITE’S COMPLETENESS OR CORRECTNESS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS.
UNDER NO CIRCUMSTANCES SHALL THE PHARMAVITE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO: (A) THE SITE (INCLUDING, WITHOUT LIMITATION, ALL SITE CONTENT); (B) USER CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE PHARMAVITE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE PHARMAVITE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SITE). IN NO EVENT SHALL THE PHARMAVITE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, OR PERSONAL INJURY.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN KINDS OF LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO THE LIMITATIONS AND EXCLUSIONS PROVIDED IN THESE TERMS MAY NOT APPLY TO YOU. OTHER JURISDICTIONS ALLOW LIMITATIONS AND EXCLUSIONS SUBJECT TO CERTAIN CONDITIONS. IN SUCH A CASE THE LIMITATIONS AND EXCLUSIONS SET OUT IN THESE TERMS OF USE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAWS OF SUCH JURISDICTIONS. YOUR STATUTORY RIGHTS AS A CONSUMER, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS, AND WE DO NOT SEEK TO EXCLUDE OR LIMIT LIABILITY FOR FRAUDULENT MISREPRESENTATION.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITE IS TO STOP USING THE SITE, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY OF THE PHARMAVITE PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF TEN DOLLARS ($10.00) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF PHARMAVITE’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION THE SITE OR ANY PHARMAVITE WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY THE PHARMAVITE PARTIES, AND YOU SHALL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITE OR ANY PHARMAVITE WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY THE PHARMAVITE PARTIES.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify, defend, and hold harmless each of the Pharmavite Parties from and against any and all claims, demands, damages, losses, costs, investigations, liabilities, judgments, settlements, attorneys’ fees, and other expenses that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your breach or anticipatory breach of these Terms or any Additional Terms; (b) your use of the Site or activities in connection with the Site; (c) your User Content; and your use of Viral Distribution, Widgets, and Applications; (d) your violation of any law, rule, regulation, code, statute, ordinance or order of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Pharmavite Parties’ use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and Pharmavite. You shall cooperate as fully required by the Pharmavite Parties in the defense of any claim. The Pharmavite Parties have the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any claim without the prior written consent of a duly authorized employee of the Pharmavite Parties.
In its sole discretion, Pharmavite has the right to terminate, suspend, or block your access to and use of your account or the Site, without notice and liability, for any reason, including, without limitation, if Pharmavite believes your conduct fails to conform with these Terms. Pharmavite also has the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Site or Pharmavite. Upon termination of your account or access to the Site for any reason, you shall remain liable for any outstanding payments owed for purchases made prior to termination. We shall not be responsible for any loss of data or account information that may occur because of account closure. Any violation of these Terms may be referred to law enforcement authorities.
Any provision of these Terms that are intended by their nature to survive termination shall survive, including, without limitation, provisions regarding intellectual property, dispute resolution and arbitration, limitations of liability, disclaimers, indemnification, and governing law.
Unless otherwise specified, the Site is presented solely for, and any product information, coupons, promotions, and programs are offered only to, residents of the United States of America, the U.S. Virgin Islands, Puerto Rico, and Guam.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Pharmavite to any registration requirement within such jurisdiction or country. You should not construe anything on this Site as a promotion or solicitation for the use of any product or service that is not authorized by the laws and regulations of the country where you are located, including the United States.
Pharmavite controls and operates the Site from offices located in the United States and makes no representations or warranties that the information, products, or services contained on the Site is appropriate for use or access in other locations.
Software related to or made available by the Site may be subject to United States export controls. Thus, no software from the Site may be downloaded, exported, or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
PLEASE READ THE FOLLOWING TWO SECTIONS CAREFULLY. THEY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.
In the event of any disputes, actions, or claims between you and Pharmavite (a “Dispute”), you and Pharmavite agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. As between you and Pharmavite, the party claiming a Dispute (the “Claiming Party”) must send to the other a notice of dispute (“Notice of Dispute”), which is a written statement that sets forth the name, physical address, email address, and other contact information of the Claiming Party giving the notice, detailed factual information sufficient to evaluate the merits of the Claiming Party’s individualized claim (including the date of the incident and, if known and relevant to the claim, your internet protocol address or similar online identifier), and if a product is involved, the product name, lot number, purchase price and date of purchase) and the specific relief sought, including whatever amount of money (if any) is demanded and the means by which the Claiming Party calculated any amount of money demanded. If you are the Claiming Party, you must send any notice of dispute to Pharmavite LLC, P.O. Box 9606, Mission Hills, CA 91346-9606, Attention: Legal Department, with a copy via email at info@pharmavite.com. We will send any Notice of Dispute to you at the contact information we have for you.
You and Pharmavite shall attempt to resolve the Dispute through informal communications and/or negotiation within sixty (60) days beginning from the date the Notice of Dispute is sent (“Informal Negotiation”). During this Informal Negotiation you and Pharmavite agree to meet in person, telephonically, or via videoconference; that conference shall address only the Dispute (the “Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the Dispute Resolution Conference if we are given written notice at least 10 days prior to any such conference that your counsel will participate in the Dispute Resolution Conference. Regardless of whether or not your counsel participates, you must personally participate. Pharmavite shall participate in the Dispute Resolution Conference through one or more representatives, which may include our counsel. After the end of the sixty (60) day Informal Negotiation period and not before, and only after the completion of the Dispute Resolution Conference with respect to a Dispute, you or we may commence a proceeding in the appropriate forum. For Arbitrable Disputes (defined below), the appropriate forum is NAM, see NAM’s site at https://www.namadr.com. For other Disputes, the appropriate forum is a state or federal court located in Los Angeles County, California. Alternatively, if you are the Claiming Party, you may litigate a Dispute in small claims court located in Los Angeles County, California if the Dispute meets the requirements to be heard in small claims court and you proceed only on an individual basis. However, nothing in this paragraph is intended to prohibit you and Pharmavite from engaging in informal communications to resolve the Claiming Party’s Dispute before, during, or after any Dispute Resolution Conference or filing in small claims court.
Disputes that Must Be Arbitrated. Except as specifically stated herein, any dispute, action, or claim relating to your interactions and communications with the Site (each, an “Arbitrable Dispute” and collectively, “Arbitrable Disputes” or “Claims”) not resolved informally shall be resolved exclusively by final binding arbitration, except that you may assert your Claim in small claims court in the county of your residence or in Los Angeles County, California, if your Claim qualifies. For avoidance of doubt, any dispute, action, or claim arising out of (1) your purchase, use, or enjoyment of a product sold by Pharmavite, or (2) the alleged infringement of your or Pharmavite’s intellectual property (such as trademarks, trade dress, copyright and patents) are not Arbitrable Disputes.
Binding Individual Arbitration. THE ARBITRATION PROCEEDINGS IN THIS SECTION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Under no circumstances does Pharmavite consent to have any Arbitrable Disputes arbitrated using class action procedures, even if the arbitration provider has rules permitting class arbitrations.
If you, on one hand, and Pharmavite, on the other, do not resolve an Arbitrable Dispute by Informal Negotiation, the Arbitrable Dispute shall be resolved exclusively by final binding individual arbitration. The arbitration shall be conducted by NAM, https://www.namadr.com/, according to the U.S. Federal Arbitration Act (“FAA”) and federal arbitration law and according to NAM’s Comprehensive Dispute Resolution Rules and Procedures for Consumer Transactions(the “Rules”), as modified by these Terms. These Terms affect interstate commerce, and the enforceability of this section shall be substantively and procedurally governed by the FAA, 9 U.S.C. § 1, et seq., to the extent permitted by law.
You may initiate arbitration of any Arbitrable Dispute not resolved by Informal Negotiation by filing a Demand for Arbitration with NAM in accordance with the Rules. Instructions for filing a Demand for Arbitration are available at https://www.namadr.com/. You shall send a copy of any Demand for Arbitration to the following address: to Pharmavite LLC, P.O. Box 9606, Mission Hills, CA 91346-9606, Attention: Legal Department, with a copy via email at info@pharmavite.com. You and Pharmavite are each giving up the right to have Arbitrable Disputes resolved in court before a judge and/or jury (except as stated otherwise in this Dispute Resolution and Arbitration section). All issues are for the arbitrator to decide, except that issues relating to the scope, interpretation, and enforceability of this Dispute Resolution and Arbitration section, including the arbitration and class action waiver provisions, are for the court where exclusive jurisdiction lies pursuant to these Terms to decide. The most current version of this Arbitration and Waiver of Certain Rights section in effect when any Arbitrable Dispute arises shall govern resolution of any Arbitrable Dispute. This Arbitration and Waiver of Certain Rights section shall survive termination of these Terms. Pharmavite shall send any Demand for Arbitration to the contact information we have for you. The arbitration shall be conducted by a single arbitrator. The arbitration shall be conducted in English. The arbitrator shall be bound by these Terms.
Payment of all filing, administration, and arbitrator fees (“Arbitration Fees”) shall be governed by the Rules. You may commence arbitration only in your county of residence or in Los Angeles County, California. The arbitration shall be conducted based on written submissions unless you request a phone or in-person hearing, or the arbitrator determines that a phone or in-person hearing is necessary. The arbitrator may only award those damages and relief as a court could, and must follow the terms set forth in this Arbitration and Waiver of Certain Rights section. An arbitration award, and any judgment confirming it, applies only to that specific arbitration; it cannot be used or offered as precedent in any other arbitration, litigation or case except to enforce the award itself. Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
Delegation. Once an Arbitrable Dispute has commenced, all disputes arising out of or related to the interpretation or application of this Arbitration and Waiver of Certain Rights section, including the enforceability, revocability, scope, or validity of these Terms or any portion of the Arbitration and Waiver of Certain Rights section, shall be decided by the court.
Notice and Filing. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU OR PHARMAVITE MUST START ARBITRATION OF AN ARBITRABLE DISPUTE WITHIN ONE (1) YEAR FROM WHEN THE ARBITRABLE DISPUTE FIRST AROSE, AND NOT WHEN IT WAS DISCOVERED. IF APPLICABLE LAW REQUIRES YOU OR PHARMAVITE TO BRING A CLAIM FOR AN ARBITRABLE DISPUTE SOONER THAN ONE (1) YEAR AFTER THE DISPUTE FIRST AROSE, THAT SHORTER DEADLINE APPLIES INSTEAD. THE FAILURE TO BEGIN ARBITRATION REGARDING AN ARBITRABLE DISPUTE WITHIN THE TIME FRAMES DESCRIBED ABOVE IN THIS SECTION SHALL BAR THE ARBITRABLE DISPUTE, WHICH MEANS THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PHARMAVITE SHALL NOT HAVE THE RIGHT TO ASSERT THE ARBITRABLE DISPUTE IN ANY FORUM.
Coordinated Filings. If 25 or more Arbitrable Disputes are initiated with the arbitrator that raise similar Claims, and counsel for those asserting the Claims (“Claimants’ Counsel”) are the same or coordinated, these shall be considered collectively “Coordinated Cases,” and individually, a “Coordinated Case.” Claims within Coordinated Cases Pharmavite shall pay only its share of arbitration fees for Coordinated Cases; those asserting the Claims shall be responsible for their share of those fees as set by the Rules and NAM’s fee schedule for mass arbitrations. Applicable statutes of limitations shall be tolled for those asserting Claims who have provided compliant Notices of Dispute to Pharmavite. Demands for arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below, and Pharmavite shall not be required to pay any fees associated with cases or Claims that these Terms do not allow to be filed.
Once all Notices of Dispute have been provided to Pharmavite for Coordinated Cases, Claimants’ Counsel and Pharmavite’s counsel shall confer in good faith regarding the number of cases that should proceed as bellwethers, to allow each side to test the merits of its arguments, before the remainder of Coordinated Cases may be filed with the arbitration provider. Any number chosen must be an even number so as to allow each side to designate half of the cases selected for bellwether arbitrations. If Claimants’ Counsel and Pharmavite’s counsel do not agree on the number of bellwether cases, the number shall be chosen by the arbitration provider. Once the number of bellwether cases is fixed, Claimants’ Counsel and counsel for Pharmavite shall each select half that number from among those asserting the Claim who have provided compliant Notices of Dispute, and only those chosen Coordinated Cases may be filed with the arbitration provider. If your Claim is among Coordinated Cases, resolution of your Claim might be delayed by this bellwether process. Nothing in this paragraph shall be construed to delay the resolution of uncoordinated Arbitrable Disputes based on Claims similar to those in Coordinated Cases. A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process unless Claimants’ Counsel and Pharmavite’s counsel agree otherwise.
Once all bellwether arbitrations have concluded (or sooner if Claimants’ Counsel and Pharmavite’s counsel agree), Pharmavite and Claimant’s Counsel for all remaining Coordinated Cases that were not chosen for a bellwether proceeding must make a good-faith effort to resolve all such remaining Coordinated Cases. This good faith effort at resolution shall be via a single mediation of all remaining Coordinated Cases. The Coordinated Cases in the mediation shall pay half of the applicable mediation fee, and Pharmavite shall pay the other half. Claimants’ Counsel and Pharmavite’s counsel must agree on a mediator within thirty (30) days after the conclusion of the last bellwether arbitration. If Claimants’ Counsel and Pharmavite’s counsel cannot agree on a mediator within thirty (30) days, the arbitration provider shall appoint a mediator as an administrative matter.
If the mediation does not yield a global resolution of the Coordinated Cases, those asserting Claims in Coordinated Cases who provided compliant Notices of Dispute but whose Claims were not resolved in bellwether arbitrations or mediation shall no longer have the right to arbitrate their Arbitrable Dispute. Instead, exclusive jurisdiction over unresolved Claims by such claimants shall be in Superior Court in Los Angeles County, California or if federal jurisdiction exists, in the United States District Court for the Central District of California. Nothing in this paragraph shall be construed as prohibiting either you or Pharmavite from removing a Claim filed in Superior Court for Los Angeles County, California to federal court for the United States District Court for the Central District of California if removal is allowed under applicable law. To the extent you are asserting the same or similar Claims as other persons and are represented by common or coordinated counsel, any objection by you that the joinder of all such persons is impracticable is waived by you. If a formerly Arbitrable Dispute is brought in court, it must be brought in a court where exclusive jurisdiction lies pursuant to these Terms, and subject to the provisions and limitations of the Class Action Waiver section, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and Pharmavite shall have the right to oppose class certification at any time on any available basis. The court where exclusive jurisdiction lies pursuant to these Terms shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
Continuation in Effect; Future Terms Changes; Injunctive Relief. The dispute resolution process set forth in this Arbitration and Waiver of Certain Rights section survives the termination of any other agreement between you and Pharmavite. Although Pharmavite may revise the Arbitration and Waiver of Certain Rights section in its discretion, Pharmavite does not have the right to alter this section, or the arbitration rules specified herein, with respect to any Arbitrable Dispute once that Notice of an Arbitrable Dispute has been delivered if such change would make arbitration procedures materially less favorable to the Claimant. The question of whether a change is materially less favorable to the Claimant shall be decided by the arbitration provider as a process matter.
The foregoing provisions of this Arbitration and Waiver of Certain Rights section do not apply to any legal action taken by Pharmavite to seek an injunction or other equitable relief in emergent circumstances in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services and/or Pharmavite’s intellectual property rights, operations, and/or products or services.
Class Action Waiver. To the maximum extent permitted by applicable law, any dispute, action or claim not subject to the requirement to arbitrate (including, but not limited to, claims filed in small claims court and claims that are deemed not subject to the requirement to arbitrate) may not be aggregated together in a class action, except that (as set forth in the “Coordinated Filings” section above) if a formerly Arbitrable Dispute is brought in a court with jurisdiction as provided herein, a Claimant may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and Pharmavite has the right to contest class certification at any stage of the litigation and on any available basis. Accordingly, except as provided in the prior sentence to the maximum extent permitted by applicable law, you and Pharmavite shall only bring disputes, actions or claims between you and Pharmavite in an individual capacity only and shall not:
All matters relating to the Site and these Terms, and any dispute, action or claim arising therefrom or related thereto (including non-contractual disputes, actions or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
The failure of Pharmavite to insist upon or enforce strict performance of any provision of these Terms or to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit Pharmavite’s rights with respect to such breach or any subsequent breaches. No waiver by Pharmavite of any of these Terms shall be of any force or effect unless made in writing and signed by an authorized Pharmavite corporate officer, nor shall such a waiver be deemed a further or continuing waiver of any of these Terms.
Neither the course of conduct between you and Pharmavite, nor trade practice shall act to modify these Terms. Pharmavite may assign its rights and duties under these Terms to anyone at any time without any notice to you. However, you may not assign, transfer, or sublicense these Terms except with the prior written consent of Pharmavite. Headings and paragraph or section titles are inserted only as a matter of convenience and do not, and shall not be used to, explain any paragraph or provision. These Terms shall not be construed against Pharmavite by virtue of Pharmavite having drafted these Terms.
Except for the Coordinated Filing provisions of the Arbitration and Waiver of Certain Rights section of these Terms, if any term or condition in this Section is determined to be void, invalid, unlawful or unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any other term or condition or the Terms as a whole, provided however, that if the term or condition declared void, invalid, unlawful, or unenforceable is material to someone for whom such term or condition provided a benefit or protection, he/she/it can seek other remedies, including, without limitation, rescission or reformation, based on the term being declared void, invalid, illegal, or unenforceable. If a Claim is part of a Coordinated Filing, and any term of the Coordinated Filing provision is determined to be invalid, void, unlawful or unenforceable, that term may be severed or reformed in a manner that shall not materially impair the intent and objective of the Coordinated Filing provision, the Arbitration and Waiver of Certain Rights section shall be severed in its entirety.
Pharmavite has the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). We may notify you of the Updated Terms by posting them on the Site so that they are accessible via a link on the home page, and that your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should always review these Terms before using the Site. The Updated Terms shall be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and shall apply to your use of the Site from that point forward.
If you have any questions relating to the Site or these Terms, or if you would like to receive a copy of these Terms in an alternative format, please contact us by clicking “Contact Us” (or a similar link on the Site) or using other contact information provided on a Site.
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