TERMS AND CONDITIONS
RETURNS AND REFUNDS POLICY
If for any reason you are unsatified with your order of VitaminEnergy®, you may contact us at Support@VitaminEnergy.com for a full refund within 90 days of your purchase. Refunds take approximately 5 business days to process.
EFFECTIVE DATE: APRIL 3, 2018
To access this Site or some of the resources it offers, You may be asked to provide certain contact information or other details. It is a condition of Your use of this site that all the information You provide on this Site will be correct, current, and complete. If Vitamin Energy believes the information You provide is not correct, current, or complete, Vitamin Energy has the right to refuse You access to this Site or any of its resources, and to terminate or suspend Your access at any time.
You may only use this Site for purposes expressly permitted by this Agreement. As a condition of Your use of Vitamin Energy’ Site, You warrant to Vitamin Energy that You will not use the Site for any purpose that is unlawful or prohibited by this Agreement. For example, You may not (and may not authorize any party to) (i) co-brand this site, (ii) frame this Site, or (iii) hyper-link to this Site without the express prior written permission of an authorized representative of Vitamin Energy. For purposes of this Agreement, “co-branding” means to display a name, logo, or trademark, in such a manner as is reasonably likely to give a user the impression that such party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Vitamin Energy in preventing any unauthorized co-branding, framing or hyper-linking. In addition, You may not use Vitamin Energy’ Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site.
III. INTELLECTUAL PROPERTY
Trademarks, service marks, logos, and copyrighted works (including the collection and arrangement of content) appearing in this Site are the property of Vitamin Energy or the party that provided the trademarks, services marks, logos, and copyrighted works to Vitamin Energy. Except as provided in this Agreement, Vitamin Energy does not grant You any express or implied right in or under any patents, trademarks, copyrights, or trade secret information. In accordance with the Limited Liability section of this Agreement, as part of the use of this Site, You agree not to bring any claim against Vitamin Energy, its affiliates, officers, directors, employees, agents, sponsors, third party content providers, licensors, licensees or the like for any claim of intellectual property infringement.
This Site may provide a link to other websites by allowing You to leave this Site to access third-party material (“Linked Site”). Vitamin Energy is not related to, nor does it have discretion to alter, update, or control the content on a Linked Site. Vitamin Energy has not reviewed such Linked Sites and is not responsible for the content of those sites. The fact that Vitamin Energy provides a link to a website is not an endorsement, authorization, sponsorship, or affiliation with respect to such website, its owners, or its providers. Linked Sites are to be accessed at the user’s own risk, and Vitamin Energy makes no representations or warranties about the content, completeness or accuracy of these Linked Sites. You should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on this Site. Vitamin Energy is not responsible for such provisions and expressly disclaims any and all liability related to such provisions.
You expressly agree that use of the Site is at Your sole risk. Neither Vitamin Energy nor its affiliates, any of their officers, directors, employees, agents, third-party content providers, sponsors, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site or as to the accuracy, completeness, reliability, or security of the Materials. This Site and the information, content, and materials on this Site are provided on an “as is,” “where is,” and “where available” basis. Vitamin Energy makes no representations or warranties of any kind, express or implied, as to the operation of the Site, or to the content, information, or the materials on this Site. Vitamin Energy expressly disclaims all warranties of any kind, express or implied, to the fullest extent permissible under applicable law, with respect to any of the materials, content, or information on this site or your use of this site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement. You, and on behalf of Your agents, attorneys, employees, predecessors-in-interest, successors-in-interest, partners, associates, members, officers, directors, affiliates, subsidiaries, associations, shareholders, trusts, trustees, heirs, executors, assigns, and transferees, hereby fully release, discharge, waive, and absolutely forgive Vitamin Energy, and each of its respective agents, attorneys, employees, predecessors-in- interest, successors-in-interest, partners, associates, members, officers, directors, affiliates, subsidiaries, associations, shareholders, trusts, trustees, heirs, executors, assigns, and transferees, from any and all lawsuits, demands, controversies, disputes, actions, causes of action, rights to accountings, fees, invoices, billings, proceedings, obligations, debts, liabilities, costs, disbursements, expenses, attorneys’ fees, damages and other claims of whatever character, nature and kind, in law or in equity, past, present or future, know nor unknown, joint or several, suspected or unsuspected, arising from or relating to Your use of the Site and/or any works obtained therefrom (collectively, “Claims”). You covenant not to sue with respect to any Claim subject to the foregoing release, discharge or waiver.
You understand that Vitamin Energy cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. Vitamin Energy does not assume any responsibility or risk for Your use of the Internet.
Vitamin Energy, its subsidiaries, affiliates, licensors, service providers, attorneys, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss data, use, revenue or income, pain and suffering, emotional distress, or similar damages, even if Vitamin Energy has been advised of the possibility of such damages.
The foregoing limitation applies to claims based on warranty, contract, tort (including negligence), liability, or any other legal theory. Some jurisdictions do not allow limiting liability for certain damages. In such jurisdictions, Vitamin Energy’ liability shall be limited to the extent permitted by law. In no event will the collective liability of Vitamin Energy and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount You have paid to Vitamin Energy for the applicable content or service out of which liability arose.
Each time You use this Site You confirm Your acceptance of and agreement to be bound by this Agreement. You shall, and hereby do, indemnify, defend, and hold harmless Vitamin Energy, its affiliates, agents, employees, sponsors, and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of or related in any way to Your user-submitted content, use of the Site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right. This includes, but is not limited to, defense and indemnification of Vitamin Energy for any unlawful or unpermitted uploading of any information by a user. This indemnification shall survive any termination or suspension of Your use of this Site.
VIII. NONEMPLOYMENT CONTENT SUBMISSIONS
All user-submitted content You submit, whether publicly posted or privately transmitted, is Your sole responsibility. This means that You, and not Vitamin Energy, are entirely responsible for all content that You upload, post, e-mail, or otherwise transmit via this Site. You shall not transmit content or otherwise conduct or participate in activities on the Site that are prohibited by law in applicable jurisdictions. You hereby grant to Vitamin Energy a royalty-free, perpetual, irrevocable, non-exclusive right and license (with the right to sublicense through multiple tiers) to use, reproduce, copy, modify, publish, adapt, host, cache, index, archive, create derivate works from, translate, perform, display, and distribute all Your user-submitted content, in whole or in part, worldwide and to incorporate it in other works in any form, media or technology now known or herein after developed without accounting, notification, credit, or other obligation to You. Vitamin Energy does not control user content. Vitamin Energy has the right but not the obligation to monitor Your submissions and reserves the right to modify, move, or remove any content at any time and for any reason in its sole discretion. You grant Vitamin Energy the right to use any material, information, ideas, concepts, know-how, or techniques contained in any content You provide or otherwise submit to Vitamin Energy for any purpose whatsoever, including but not limited to, educational purposes and developing and marketing commercial products (as Vitamin Energy deems fit in its sole discretion) using such information. You will not be entitled to any compensation for any of the rights You grant to Vitamin Energy for Your submitted content. You authorize Vitamin Energy to use Your name, likeness, and any other information in connection with use of the user content You provide. You agree that Vitamin Energy may use or disclose information about You or Your use of this Site, including Your submitted content, to comply with laws and requests by governmental or regulatory agencies, to protect or defend Vitamin Energy’ rights or property, or to protect the safety of Vitamin Energy, Vitamin Energy’ employees, agents, sponsors, membership, or the public.
All employment-related content You submit, whether publicly posted or privately transmitted, is Your sole responsibility. This means that You, and not Vitamin Energy, are entirely responsible for all employment-related content that You upload, post, e-mail, or otherwise transmit via this Site. You shall not transmit content or otherwise conduct or participate in activities on the Site that are prohibited by law in applicable jurisdictions. Vitamin Energy does not control user content. Vitamin Energy has the right but not the obligation to monitor Your submissions and reserves the right to modify, move, or remove any content at any time and for any reason in its sole discretion. You agree that Vitamin Energy may use or disclose information about You or Your use of this Site, including Your submitted content, to comply with laws and requests by governmental or regulatory agencies, to protect or defend Vitamin Energy’ rights or property, or to protect the safety of Vitamin Energy, Vitamin Energy’ employees, agents, sponsors, membership, or the public.
Vitamin Energy reserves the right to terminate Your access to any part or the entire Site at any time without notice for any reason whatsoever. Vitamin Energy also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Vitamin Energy reserves the right to seek all remedies available at law and in equity for any violation of this Agreement. Sections V–XVI shall survive the termination of this Agreement.
You agree that no agency, partnership, joint venture, employee-employer, or franchiser- franchisee relationship exists as a result of this Agreement or use of the Site. You acknowledge that You do not have authority or power to bind Vitamin Energy. In no event shall Vitamin Energy be liable for any representation, act, or omission made by You. The parties further agree that nothing in this Agreement is intended, or shall be construed, as creating any rights in third parties.
XII. CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Pennsylvania without reference to its conflicts of laws provisions. You specifically consent to personal jurisdiction in Pennsylvania in connection with any dispute between You and Vitamin Energy arising out of this Agreement, use of this Site, or pertaining to the subject matter hereof. You agree the exclusive venue for any dispute between the Vitamin Energy and You arising out of this Agreement or Your use of this Site will be in the state and federal courts in Oakland County, Pennsylvania or the United States District Court for the Eastern District of Pennsylvania respectively.
Vitamin Energy makes no representation that the materials are appropriate or available for use outside the United States. If You access this Site from outside the United States, You will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to Your use of this Site.
XIII. ENTIRE AGREEMENT, SEVERABILITY, AND WAIVER
This Agreement constitutes the entire agreement between Vitamin Energy and You with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and Vitamin Energy with respect to this Site. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. Any failure by Vitamin Energy to enforce any provision of this Agreement shall not constitute a waiver of any rights under such provision or any other provision of this Agreement.
XIV. MODIFICATIONS TO AGREEMENT
Vitamin Energy may revise this Agreement at any time and You agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this Site. It is Your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Vitamin Energy does not, and will not, assume any obligation to notify You of changes to this Agreement.
You agree to be bound by any affirmation, assent, or agreement You transmit through this Site, including but not limited to any consent You give to receive communications from Vitamin Energy solely through electronic transmission. You agree that, when in the future You click on an “I agree”, “I consent” or other similarly worded button or entry field on this Site, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.
Any use of this Site in violation of the foregoing violates these Terms and Conditions and may result, among other actions, in termination or suspension of Your rights to use the Site. Any decision as to whether Your user content or actions violate these Terms and Conditions will be made in Vitamin Energy’ sole discretion.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You become involved in any violation of system security, Vitamin Energy reserves the right to release Your details to system administrators at other sites in order to assist them in resolving security incidents. Vitamin Energy reserves the right to investigate suspected violations of this Agreement.
Vitamin Energy reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Vitamin Energy to disclose the identity of anyone posting, publishing or otherwise making available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS Vitamin Energy FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Vitamin Energy DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Vitamin Energy OR LAW ENFORCEMENT AUTHORITIES.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain.
INFORMATION COLLECTION AND USE
Active Collection. You understand and agree that Vitamin Energy, LLC and its authorized business partners, affiliates, subsidiaries, and agents (collectively, “Vitamin Energy”, “us” or “we”) may collect, maintain, and process information provided by you, on and through the Site such as your name and email address (“User Submitted Information”). You represent and warrant that you have permission to share any User Submitted Information you elect to provide Vitamin Energy and that such information is accurate, current, non-misleading, consistent, and relevant for the purpose for which you are providing information. We may use your User Submitted Information to communicate with you regarding our products and services and those of our subsidiaries, affiliates, and parent companies and any of their related businesses. You may elect to opt-out from receiving materials from us by following the instructions found below in the Opt-Out section.
Passive Collection. We may record and collect information about how you use the Site. This data may include your domain name, language, type of browser and operating system, Internet Service Provider, Internet protocol address, access times, and referring website addresses. We may monitor, use, and share such data to measure the Site’s performance, activity, and improve the Site’s design and functionality. As with many Internet sites, we may use “cookies” or “web beacons” to, among other things, enhance the functionality of the Site and to make transactions and other activities through the Site more convenient and efficient for visitors. A “cookie” is a file stored locally on a user’s computer. Most Internet browsers include preference settings that allow users to be notified and control whether cookies are transferred to their computers.
Age Restrictions. Vitamin Energy does not knowingly market to, solicit or collect data from persons under the age of 18. If you are under the age of 18, we ask that you do not to use this Site. While we cannot take any special action to learn your age, if we learn that you are under 18 years of age, we will not maintain or use any personally identifiable information about you. If you believe your minor-child has provided personally identifiable information to us, please contact us so we can allow you the opportunity to review and delete such information.
WHEN AND WITH WHOM WE MAY SHARE YOUR INFORMATION
Use of Information Collected. Vitamin Energy will share your personal information with third-party companies, if necessary, for purposes such as responding to your inquires, providing you the requested services, sending you newsletters, or other business purposes. To the extent Vitamin Energy hires other companies to provide limited services on its behalf, we will only provide those companies with the information that they need to provide us with such services.
Sale or Transfer. In the event of the sale of Vitamin Energy, or in the event of a transfer of our assets, Site or operations, Vitamin Energy may disclose or transfer your personal information in connection with such transaction. In the event of such a transfer, Vitamin Energy will notify you via email or by posting a prominent notice on our Site for 30 days of any such change in ownership of Vitamin Energy resulting in a change of control of your personal information.
Disclosure pursuant to law. We will also disclose your personal information, without notice, when required to do so to: (a) conform to the edicts of the law or comply with legal process served on Vitamin Energy or the Site; (b) protect and defend the rights or property of Vitamin Energy; and, (c) protect the personal safety of users of Vitamin Energy, its websites, or the public.
Your Consent to Share. By providing any personal information to us, you fully understand and unambiguously consent to the transfer of such personal information and the collection and processing of such personal information in the United States. Your personal information will be stored and processed on computers in the United States. The laws on holding personal information in the United States may vary and be less stringent than laws of your state. We will use commercially reasonable efforts to hold and transmit your personal information in a safe, confidential, and secure environment. If you object to your personal information being transferred or used in this manner, do not register with or use the Site.
At this time, this Site does not support Do-Not-Track signals.
To “opt-out” of (1) any consents previously given to us, (2) receiving communications from us, or (3) having personal information disclosed to third parties, send an e-mail to firstname.lastname@example.org. Notwithstanding this right to request to cease receiving communications from us and to have us not share personal information with third parties, we retain the right to collect, maintain and process information provided by and collected about you on and through the Site, and disclose such information to comply with its reasonable business and legal obligations.
ACCESS TO PERSONAL INFORMATION
To the extent that you may provide personal information to us on or through the Site, we will allow reasonable access to, and review of, such information, where such information is readily available, upon proper verification and authentication of the person (author) seeking such access and review. You may request review and revisions to your personal information through the email@example.com email address. After receipt of verification, we will change or delete your personal information at your request.
CONSENT TO PROCESSING
By using or providing information to the Site, you understand and unambiguously consent to the collection, processing, sharing, and use of such information in the United States for the purposes set forth in this Policy.
Due to the nature of the Internet, we cannot and do not guarantee that communications with the Site will be free from unauthorized access.
Vitamin Energy only collects the personal information that you voluntarily provide, which may include your name, address, telephone number, email address, employment history, education history, expected income, eligibility to work in the U.S., and any other information you share. We will use that information for the purpose for which such information was provided. We do not request, nor should you provide, sensitive data such as your social security number, driver’s license number, bank account information, credit card information, passwords, or date of birth. Your online application, resume, and/or cover letter may be retained for future reference, or as required by law. We may disclose your application data to third party service providers who perform services for or on behalf of Vitamin Energy.
If you have questions or concerns about your privacy when using the Site, contact Vitamin Energy by email at firstname.lastname@example.org.