Terms and Conditions

Last Updated: March18, 2020

This “Terms of Use” is between you and VitaRx, LLC (“VitaRx,” “VitaRx.co,”, “we”, or “our”) and applies to your use of VitaRx website at VitaRx.co(the “Site”).

Your Use of VitaRx.co’s Service

The term "Service," means, collectively, access to information published on our sites, as well as widgets, applications, email notifications and other tools or media, or portions of such media provided by VitaRx, LLC. When you use VitaRx.co, its affiliates, applications, and subsidiaries related by common ownership or control (“we,” “us,” and “our”) for our sites, products, and Services, you are agreeing to the following Terms of Use, all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws. While we attempt to make this agreement as clear as possible, it contains contractual verbiage. If you do not agree with any of these terms, you may not use or access our Services.

By accessing and using our Services, you are agreeing to these Terms of Use and our Privacy Policy (collectively referred to as the “Agreement”). It is important to read our entire Agreement carefully as some of the provisions affect your legal rights. These Terms of Use include an agreement to resolve any disputes through binding arbitration that includes a class action waiver, as well as important disclaimers, warranties and limitations on liability.

VitaRx provides nutritional supplements and vitamins that have been packaged for daily use and other Products. VitaRx is under no obligation to accept any individual as a Customer, and maintains the right to accept or reject any Customer or new account in its sole and complete discretion.

OUR CONTENT AND SERVICES ARE DEVELOPED FROM SOURCES BELIEVED TO BE PROVIDING ACCURATE INFORMATION. ALL INFORMATION IN OUR SERVICES IS PRESENTED FOR INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREE THAT VITARX LLC DOES NOT INTENDED TO PROVIDE, AND SHOULD NOT BE RELIED UPON FOR ANY FORM OF MEDICAL CARE, MEDICAL OPINION, MEDICAL ADVICE, TREATMENT OR DIAGNOSIS. YOU ACKNOWLEDGE AND AGREE THAT VITARX LLC IS NOT A REPLACEMENT FOR CONSULTING YOUR OWN PHYSICIAN OR HEALTH PROVIDER. IN NO CIRCUMSTANCE SHOULD YOU DISREGARD THE ADVICE THAT YOUR PHYSICIAN OR HEALTH PROVIDER HAS GIVEN YOU DUE TO SOMETHING YOU HAVE READ ON THE SITE AND/OR CONTENT. RELIANCE ON THE SITE, SERVICES AND CONTENT IS SOLELY AT YOUR OWN RISK.

As a condition of your access to and use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms and that you will comply with all applicable laws and any conditions or restrictions imposed by these terms. The Services are offered for your personal and non-commercial use only, and you are prohibited from using, and are expressly not granted the right to use the Services for any other purpose.

We reserve the right to make changes to how we operate and provide our Services, including adding new services, modifying existing services, or suspending, discontinuing, or terminating your access to any or all portions of our Services.

Personal Information Collection:

When you use our Services and provide us information about yourself, you authorize us to create and maintain an account in your name using your account registration information and other information that may be collected about you in accordance with our Privacy Policy as part of providing our Services. When you use our Services, we may collect Personal Information from you which can be used to identify you, including, but not limited to your name, email address, education information, financial information, username and password. Some Usage Data may also be collected when using our services including, but not limited to Internet Protocol (“IP”) addresses, log files, unique device identifiers, browser tyoe, pages viewed, any links you click on to leave or interact with our Services, and other usage information collected from cookies and other tracking technologies.

By using our services, you agree that VitaRx, LLC may share your information, including Personal Information and Usage Data, with Third Party service providers who help us operate our business processes. These service providers might include, but are not limited to, website designers, email service providers, fraud detection and prevention services, customer care resources, or data analytics contractors. In addition, VitaRx, LLC may share your Personal Information and/or Usage Data with advertising networks, marketing partners, publishers and other entities who perform analytics and advertise our products and services on websites not affiliated with us as described in our Privacy Policy. VitaRx, LLC is not responsible for any data collection and practices of non-affiliated third-parties that are linked to or from our Website.

Furthermore, by using our services, you confirm that you are authorized to provide us with any data you submit to VitaRx, LLC. Further, you acknowledge that once your data is submitted to us, we may use the data, absent any personally identifiable information about you, to conduct research. Once the data has been stripped of your personally identifiable information, the data is the sole property of VitaRx, LLC and we may use it at our sole discretion.

If you knowingly misrepresent the data you provide to us we may terminate your use of our Services without notice.

Eligibility

All purchases of goods or services on our Sites must be made by adults 18 years of age or older and all users who register with our Sites must be 18 years or age or older or provide parental consent.

Communication Agreement

By using our Services, you agree to receive periodic email, text messages (if you opt in), push notifications, browser notifications, or even snail mail from us for marketing and non-marketing purposes associated with the business of the Services. You confirm that all of your contact information is correct and you are the authorized user for the email address(es) provided. You also agree to notify us promptly if contact information changes in the future. You understand that your wireless service provider’s message and data rates may apply to the text messages that we send to or receive from you. You will be able to unsubscribe from these email updates at any time.

Territorial Restrictions

We control and operate our Services from the United States. Our website and Services are governed by the laws of the United States and are intended for the enjoyment of residents of the United States only. We make no representation that the website and Services are governed by or operated in accordance with the U.S. laws. We make no representations that our content or Services, are appropriate for access or use in territories outside the U.S. We reserve the right to limit the availability of our Services to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion.

Links to or Connections with Third Party Sites or Applications

Our Services or communications may contain Third Party offers, content or links to Third Party sites, applications or services. Our Services may also include features that allow you to connect your VitaRx account with accounts or services provided by third parties, such as accounts you maintain with other institutions or social media platforms. We do not control, maintain, or endorse the Third Party content or services, and we are not responsible or liable for any Third Party content or service, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party content or service. Your interactions and business dealings with the Providers of the Third Party content or service, including products or services offered by such third parties, are solely between you and the Third Party. You should review all of the relevant terms and conditions associated with Third Party content or service, including any privacy policies and Terms of Use. We are not responsible for any information that you agree to share with third parties.

Social Media Content

On occasion, VitaRx LLC social media accounts (Instagram, Facebook, YouTube, Twitter) may repost a customer’s photos, experiences or stories from their personal social media account. VitaRx LLC will never repost your social media content without first obtaining your written consent.

If you provide us consent to your personal social media content you represent and warrant:

  • You own all rights to this content and have the right to grand VitaRx LLCto license your personal content.
  • Your personal social media content does not infringe on anyone’s else’s copyright, moral rights, intellectual property or other applicable rules or conditions.
  • Your personal social media content does not violate any laws or the terms of use of the social media platform.

By providing consent to VitaRx LLC, you consent to an irrevocable, perpetual fully paid up agreement with VitaRx LLC. Whereas there will be no royalties, sub-licensing fees. Thus granting VitaRx LLC rights to reproduce, transmit, display, comment on, edit, modify, alter, create derivative works based upon, combine with other works and otherwise distribute the personal social media content in perpetuity without compensation for permission from you or any third party.

Feedback

You should not send us any confidential information. Further, any emails, questions, suggestions or other type of feedback shall become the sole property of VitaRx LLC. VitaRx LLC shall own exclusive rights, including, without limitation, all intellectual property rights and be entitled to the unrestricted use of this Feedback for any purpose without acknowledgement or compensation to you.

Our content

All content and materials, including but not limited to text, images, calculations, visual interfaces, information, data, and computer code (referred to as the “Content”), provided by us through our Services and all related intellectual property rights are the property of VitaRx, LLC and/or its third-party licensors. Our Content is protected by US. and international intellectual property laws and treaties. You are permitted to use our Content only on our Services, and you may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) our Content, in whole or in part, without our express prior written consent. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to use our Content except as expressly stated in the Agreement.

Our Partners' Intellectual Property

Our Services may also display certain intellectual property, such as company, product, and service name and logos, that is owned by our Third Party partners. Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to copy, modify, sell, reproduce, distribute, republish, display, post, create derivative works from or transmit in any form (including in-line linking or mirroring) any of our Third Party partners.

Infringement of Rights

You may not use our Services in any manner that infringes the rights of any Third Party. If you believe, in good faith, that any of our Content infringes your copyrights, you may send a notice of infringement (“Notice”) under the federal Digital Millennium Copyright Act (“DMCA”) by email at hello@vitarx.co or regular mail to VitaRx LLC, 3 Calle Acacia, San Juan, Puerto Rico, 00920.

VitaRx, LLC reserves the right to block or otherwise prohibit in our sole discretion any individual who repeatedly posts materials that are alleged to infringe the intellectual property rights of others.

Community Guidelines

VitaRx community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Platform, you hereby agree to comply with these community rules and that:

  • You will not use the site for any unlawful purpose
  • You will not access the site in order to do collect information and research for a competing business
  • You will not upload, post, transmit or otherwise make available any User Content that:
    • Is false, misleading, deceptive or fraudulent
    • Infringes any copyright, trademark, trade secret, right of publicity or other proprietary rights of any person or entity
    • Discloses any sensitive information about another person
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • You will not take any action that imposes or may impose an unreasonable or disproportionately large load on our technical infrastructure
  • Modify or copy the materials
  • Use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
  • Attempt to decompile or reverse engineer any software contained on our website(s);
  • Remove any copyright or other proprietary notations from the materials

If you find something that violates our Community Guidelines, please bring it to our attention.

We reserve the right to deny you access to the Site and Services if you violate any of these restrictions at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Subscriptions and Cancelation Policy

VitaRx is an automaticallyreoccurringsubscription service that ships 28 daily supplement and vitamin packs to its customers approximately every four weeks. You agree and acknowledge that by ordering our packs you are signing up for a Subscription with us and agree to pay all subscription fees that are made known to you when you make your purchase.

When you sign up for our Subscription you acknowledge and agree that VitaRx LLC (or our third party payment processor) is automatically authorized to charge you every four weeks for your subscription until you cancel it or we suspend or stop providing access to the sites or products in accordance with these terms. You can cancel at any time by notifying us in writing no later than five (5) business days before your next package is shipped and the cancelation will take effect for the following month.We will send you an email informing you of your next package before each shipment as a reminder at which you will have the opportunity to cancel. If you do not, your subscription fees will be charged to your credit card on file.

If you cancel your subscription with us, we may still send you promotional communications pertaining to VitaRx LLC until you opt out of these communications.

Disclaimers

We provide our Content and Services “as is” and “as available” without any warranty or condition of any kind, express or implied. VitaRx, LLC, on behalf of itself, its affiliates and its licensors, disclaims all warranties of any kind, whether express or implied, relating to our Services or Content, including the implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, quality, accuracy, title and non-infringement, and any warranty arising out of the course of dealing, usage or trade.

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER HANDLING, STORAGE, SAFE WASHING, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, USING, PREPARING OR CONSUMING SUCH PRODUCTS. YOU ALSO ACKNOWLEDGE, UNDERSTAND AND AGREE THAT WE PORTION, STORE AND PACKAGE PRODUCTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, SOY, FISH, EGG, PEANUTS, TREENUTS, SHELLFISH) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.

We attempt to disclaim the products and other materials and information you view on our sites (including nutritional and pricing) as accurately as possible. However, we do not guarantee the accuracy of this information and are not responsible for any claims arising or resulting from your reliance upon the information you receive from the Site. If there is an error on our sites, we reserve the right to correct such error and revise your order accordingly, including charging the correct price. This includes but is not limited to an order confirmation or processing or delivering an order. You also agree that products and other materials you receive in your order may vary from the products and materials displayed on the sites due to a number of factors including but not limited to: manufacturing process, supply issues, system capabilities, constraints of your computer, the availability and variability of products, distinct cooking or other preparation methods.

No advice or information, whether oral or written, obtained by you from our Content and Services, or otherwise available through our Services will create any warranty regarding VitaRx.co or any of our Services that is not expressly stated in these terms. You use our Services, and use, access, download, or otherwise obtain our Content or other content available through our services, at your own discretion and risk. You assume all risk for any damage that may result from your use of or access to our Services, your dealings with any other member or Third Party, and your use of our Content or other content available through our services. You are solely responsible for any damage to your property (including any computer system or mobile device used in connection with our Services), or the loss of data that may result from the use of our Services or the use of any of our Content or other content available through our Services.

VitaRx, LLC does not guarantee the continuous operation or access to the service and assumes no liability or responsibility for (i) any interruption or cessation of transmission to or from our Service; (ii) any unauthorized access to or use of our servers and/or any and all personal information stored therein; (iii) user content or the defamatory, offensive, or illegal conduct of any Third Party; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the service by any third-party; (v) that our website or Service will be available at any particular time or location, uninterrupted or secure or free of viruses or other harmful components; and/or (vi) that any defects or errors will be corrected. We reserve the right to chance and all contents and to modify stop or suspend access to the sites at any time without obligation or liability to you.

Notwithstanding the foregoing, nothing in this section shall affect warranties which are incapable of exclusion or restriction under applicable law.

Limitation of Liability

VitaRx, LLC and its representatives, agents, and any of their respective officers, directors, equity holders, employees, parent entities, subsidiaries, affiliated entities, representatives, agents and licensors (collectively, the “VitaRx, LLC parties”) will not be liable to you or any Third Party for any special, direct, indirect, incidental, consequential or punitive damages (including but not limited to, loss of profits, loss of goodwill, loss of use, loss of data, business interruption, personal injury, pain and suffering, emotional distress, loss of revenue, or other intangible losses) arising out of or relating in any way to our Services or Content whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

YOU SHOULD ALWAYS CONSULT YOUR MEDICAL ADVISOR OR PHYSICIAN BEFORE STARTING ANY DIET OR SUPPLEMENT PROGRAM. YOU SHOULD ALSO READ ALL INFORMATION PROVIDED BY THE MANUFACTURES OF THE PRODUCTS OR IN THE PACKAGING OF THE PRODUCTS BEFORE USING SUCH PRODUCTS. INFORMATION ON OUR SITE AND USE OF SERVICES FROM OUR SITE DOES NOT CONSTITUTE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY INDIVIDUAL RELATED WITH OUR SITE. INFORMATION AND STATEMENTS RELATED TO DIETARY STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT DESIGNED OR INTENDED TO TREAT, CURE OR DIAGNOSE ANY DISEASE OR ILLNESS.

Indemnification

You agree to defend, indemnify and hold harmless VitaRx, LLC, its affiliates, licensors and service Providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising from: (i) your use of and access to our Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties; (iii) your violation of any Third Party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any other party’s access and use of our Service with your unique username, password or other security code; or (vi) any other relating to your violation of these Terms of Use or your use of our Services or Content other than as expressly authorized in these Terms of Use. VitaRx, LLC reserves the right but not the obligation, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Governing Law

Any claim relating to VitaRx, LLC Services shall be governed by the laws of the Puerto Rico without regard to its conflict of law provisions.

You and VitaRx, LLC agree that any dispute, claim, or controversy between you and VitaRx, LLC arising in connection with or relating in any way to this Agreements or to your relationship with our Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreement) will be determined by mandatory binding individual (not class) arbitration. Any arbitration hearing will take place at a location to be agreed upon in Puerto Rico. You and VitaRx, LLC further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreement.

A party who intends to seek arbitration must first send a written notice of the dispute to the other by certified mail ("Notice") to the VitaRx address. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). You and VitaRx agree to use good faith efforts to resolve the claim directly, but if you and VitaRx do not reach an agreement to do so within 30 days after the Notice is received, you or us may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or VitaRx must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of VitaRx, LLC's last written settlement offer made before an arbitrator was selected, VitaRx, LLC will pay you the amount awarded by the arbitrator. The arbitration proceedings, including any exchanged materials, shall be confidential and you and VitaRx, LLC agree to use reasonable efforts to streamline the proceedings, including discovery, consistent with the objectives of efficient dispute resolution.

Waiver of Class Action or Jury Trial

You and VitaRx, LLC agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or a class member in any purported class or representative proceeding. Also, you and VitaRx, LLC agree to waive the right to a trial by jury. Further, unless both you and VitaRx, LLC agree otherwise, the arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

Deactivation and Termination

The Agreement is effective until your account, if applicable, is deactivated by either you or VitaRx, LLC and you discontinue all use of our Services. Notwithstanding the foregoing, any section of the Agreement that by its nature is intended to survive termination of the Agreement or your use or access to our Services or Content will survive such termination.

Changes to Our Terms of Use

Periodically, we may enhance our Terms of Use. We reserve the right to make changes or updates at any time. If we make material changes to the way we process your Personal Information or Usage Data, we will revise the date on this webpage. We encourage you to frequently check this page for any changes to stay informed about how we are helping to protect the Information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications. If you no longer wish to use our Services based on these changes, you may deactivate or terminate your account(s).

The materials contained in this website are protected by applicable copyright and trademark law.

If you have questions, complaints, or suggestions regarding our Terms of Use, please contact us at hello@vitarx.co.

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