Terms Of Use Agreement
This TERMS OF
USE AGREEMENT sets forth the agreement between Twin Associates, LC DBA eVitamins, ("eVitamins" or "we") and each user ("you" or "user") governing the use by you of
this site. Please read this agreement carefully before using this site. By using
this site, you signify your assent to this Terms of Use agreement. If you do not
agree to the terms and conditions contained in this Terms of Use agreement, you
may not access or otherwise use this site.
The information on this site is for informational purposes only and is not
intended as a substitute for advice from your physician or other healthcare
professional or any information contained on or in any product label or
packaging. You should not use the information on this site for diagnosis or
treatment of any health problem or for prescription of any medication or other
treatment. You should always speak with your physician or other healthcare
professional before taking any medication or nutritional, herbal or homeopathic
supplement, before starting any diet or exercise program or before adopting any
treatment for a health problem.
Copyright and Trademarks
All Web site
design, text, graphics, sound, software and other content, and the selection and
arrangement thereof, are the property of eVitamins or its licensors,
and are protected by United States and international copyright law. All rights
to such materials are reserved to their respective copyright owners. Permission
is granted to electronically copy and to print in hard copy portions of this Web
site for the sole purpose of placing an order with eVitamins or using
this Web site as a shopping vehicle. Any other use of materials on this site,
including without limitation reproduction for purposes other than noted above,
modification, distribution, replication, commercial or other exploitation, or
creation of derivative works, without the prior written permission of eVitamins, is strictly prohibited.
eVitamins, and all logos, page headers, custom graphics and icons
are service marks and/or trademarks of eVitamins or its licensors or
affiliates. All other trademarks, service marks, product names and company names
or logos that appear on this site are the property of their respective owners.
Review of Materials Posted
on or Submitted to Site
eVitamins is not responsible for monitoring, screening, policing or editing the
information posted or materials on, submitted to or transmitted through the
site. eVitamins does not and cannot monitor all information or
materials posted on, submitted to or transmitted through the site. However, eVitamins reserves the right to delete, block and remove any information or
materials that eVitamins, in its sole discretion, deems to be unlawful,
infringing, defamatory, libelous, abusive, threatening, obscene, offensive,
fraudulent, deceptive, inappropriate or otherwise unacceptable to eVitamins. If notified of any such information or materials on the site, eVitamins may determine in its sole discretion whether to remove such
content from the site.
User Submissions
Any
suggestions, ideas, comments or other similar submissions by users shall be
deemed the sole property of eVitamins, which shall not be liable for
any use or disclosure, including without limitation use for commercial purposes,
of such submissions. You agree to grant eVitamins a worldwide,
royalty-free, perpetual license, with the right to reproduce, transmit,
distribute, publicly display, publicly perform, create derivative works of and
sublicense any materials or other information contained in such submissions. You
hereby waive any claim, cause of action or other recourse that you might have
against eVitamins for any alleged or actual infringement or
misappropriation of any intellectual property or other right in any such
submissions.
No Warranty - Disclaimer
eVitamins is providing this site and its contents on an "as is" basis. eVitamins and its officers, directors, employees, agents, licensors, suppliers,
content providers and the like (together, "affiliates") make no representations
or warranties of any kind, express or implied, with respect to this site or its
contents, including without limitation the products, information or services
offered or sold on or through this site or any other site to which this site
links (each a "Linked Site") and the uninterrupted and error-free use of this
site. eVitamins and its affiliates expressly disclaim all such
representations and warranties, including without limitation all warranties of
merchantability, accuracy, timeliness, completeness, fitness for a particular
purpose and non-infringement. eVitamins and its affiliates do not
warrant that the site or files available on the site will be free from corrupted
data, computer viruses or similar destructive or contaminating code. No oral or
written statements by eVitamins or its affiliates will create any
warranty not expressly set forth herein. Your use of this site and any linked
site is at your sole risk.
The products, information, services and other content provided on and through
this site, including without limitation any products, information, services and
other content provided on any Linked Site, are provided for informational
purposes only to facilitate discussions with a healthcare professional regarding
treatment. The information provided on this site and Linked Sites, including
without limitation information relating to medical and health conditions,
products and treatments, is often provided in summary or aggregate form. It is
not intended as a substitute for advice from your physician or other healthcare
professional or any information contained on or in any product label or
packaging. Before buying or using any products, information or services provided
on or through this site, including without limitation any products, information
or services provided on any Linked Site, you should speak with a healthcare
professional.
You should not use the information on this site for diagnosis or treatment of
any health problem or for prescription of any medication or other treatment. You
should always speak with your physician or other healthcare professional, and
carefully read all information provided by the manufacturer of a product and on
or in any product label or packaging, before taking any medication or
nutritional, herbal or homeopathic supplement, before starting any diet or
exercise program or before adopting any treatment for a health problem. Each
person is different, and the way you react to a particular product may be
significantly different from the way other people react to such product.
Unless otherwise indicated on this site, eVitamins does not endorse
or recommend any product or service offered, advertised or sold on or through
this site, including without limitation any product or service offered,
advertised or sold on or through any Linked Site. eVitamins is not
responsible for any product or service sold on or through this site or any
claims of quality or performance made on or through this site, including any
claims of quality or performance made on or through any Linked Site. You are
advised that other sites on the Internet, including without limitation Linked
Sites and sites that link to this site, might contain material or information
that some people may find offensive or inappropriate; or that is inaccurate,
untrue, misleading or deceptive; or that is defamatory, libelous, infringing of
others' rights or otherwise unlawful. eVitamins expressly disclaims any
responsibility for the content, legality, decency or accuracy of any
information, and for any products and services, that appear on any Linked Site
or any site that links to this site.
Price and availability information on this site is subject to change without
notice. eVitamins is not responsible for price fluctuations on our affiliates websites that have not been updated.
Limitation of Liability
eVitamins and its affiliates shall not under any circumstances be liable for any
damages of any kind arising out of, in connection with or relating to the use of
or inability to use this site, including without limitation any liability (i) as
a publisher of information, (ii) as a reseller of any products or services,
(iii) for any defective products, (iv) for any incorrect or inaccurate
information, (v) for any unauthorized access to or disclosure of your
transmissions or data, (vi) for statements or conduct of any third party on the
site, or (vii) for any other matter relating to this site or any linked site.
This is a comprehensive limitation of liability that applies to all damages of
any kind, including without limitation any direct, indirect, special, incidental
or consequential damages (including without limitation damages for loss of
business, loss of profits, loss of good will, loss of use, loss of data, cost of
procuring substitute goods, services or information, litigation or the like),
whether based on breach of contract, breach of warranty, tort (including without
limitation negligence), product liability or otherwise, even if the user advises
of the possibility of such damages. The limitations of liability set forth
herein are fundamental elements of the basis of the bargain between eVitamins and the user. The products, information and services offered on and
through this site would not be provided without such limitations. Because the
laws of some states may not allow for the exclusion of certain damages, in such
states liability is limited to the fullest extent permitted by law.
Notwithstanding the foregoing, the sole and entire maximum liability of eVitamins and its affiliates for any reason, and your sole and exclusive
remedy for any cause or claim whatsoever, shall be limited to the amount paid by
you for any product, information or service purchased by you from eVitamins on this site.
You agree to indemnify, defend and hold harmless eVitamins and its
affiliates against all claims, demands, causes of action, losses, expenses,
damages and costs, including without limitation any reasonable attorneys' fees,
resulting or arising from or relating to your use of or conduct on the site, any
activity related to your account by you or any other person, any material that
you submit to, post on or transmit through the site, your violation of these
Terms of Use, your infringement or violation of any rights of another, or
termination of your access to this site.
All products and services offered on or through this site are provided
subject to any applicable tariffs and any accompanying terms and conditions.
Privacy and Child
Protection
eVitamins respects the privacy of its
users in accordance with the terms of eVitamins Privacy Protection Policy. eVitamins
reserves the right to monitor the site and to disclose any information recorded
or posted on, submitted to or transmitted through the site to the extent eVitamins, in its sole discretion, deems such disclosure necessary or
appropriate (i) to comply with any law, regulation, subpoena or government
request, (ii) to operate the site, or (iii) to protect the rights or property of
eVitamins or its affiliates.
Your Usage of Site - Termination of Usage
You agree to maintain the security of your account on the site,
including the security of your password and other confidential information
relating to the use of the site and your account on the site. You agree to be
responsible for all charges resulting from the use of your account on the site,
including charges resulting from unauthorized use of your account prior to your
taking steps to prevent such occurrence by changing your password and notifying
eVitamins.
You agree to use this site only for lawful purposes, and that you are
responsible for your use of and communications on the site. You agree not to
post on or transmit through this site any unlawful, infringing, threatening,
harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or
otherwise objectionable material of any kind, including without limitation any
material that encourages criminal conduct or conduct that would give rise to
civil liability, infringes others' intellectual property rights or otherwise
violates any applicable local, state, national or international law. You agree
not to use this site in any manner that interferes with its normal operation or
with any other user's use and enjoyment of the site. You agree not to reproduce,
modify, distribute, replicate, commercially exploit or create derivative works
of any portion of the site or material thereon.
You further agree that you will not access by any means except through the
interface provided by eVitamins for access to the site. You agree that
you will not access this site from any territory where its contents are illegal,
and that you, and not eVitamins and its affiliates, are responsible for
compliance with applicable local laws.
You agree that eVitamins may terminate or suspend your access to all
or part of this site, without notice, for any conduct that eVitamins,
in its sole discretion, believes is in violation of these Terms of Use or any
applicable law or is harmful to the interests of another user, eVitamins or its affiliates.
Usage by Minors
Because of
the nature of the World Wide Web, eVitamins cannot prohibit minors from
visiting this site. eVitamins must rely on parents, guardians and those
responsible for supervising children and teenagers to decide which materials are
appropriate for such children and teenagers to view and/or purchase. eVitamins requires that (i) all purchases on the site be made by adults 18 years of
age or older, and (ii) all users who provide personal information to eVitamins be 18 years of age or older, or, if under 18, that such information be
accompanied by verifiable parental consent as further set forth in our Privacy Policy.
Applicable Law; Jurisdiction
This agreement shall be governed by and construed in accordance
with the laws of the State of Michigan without regard to choice of law rules.
Each user agrees to submit to personal jurisdiction in the State of Michigan and
further agrees that any cause of action arising from or relating to the use of
this site or this agreement shall be brought exclusively in a court in Michigan.
Severability - Interpretation
If any
provision of this agreement shall be deemed unlawful, void or for any reason
unenforceable by a court of competent jurisdiction, the validity and
enforceability of any remaining provisions shall not be affected. When used in
this agreement, the term "including" shall be deemed to be followed by the words
"without limitation."
Entire Agreement - Amendments
This
agreement constitutes the entire and only agreement between eVitamins
and each user of this site with respect to the subject matter of this agreement
and supercedes any and all prior or contemporaneous agreements, representations,
warranties and understandings, written or oral, with respect to the subject
matter of this agreement. You agree to review this agreement prior to your use
of this site and your use of this site shall be deemed acceptance of and assent
to this agreement by you. eVitamins may, in its sole discretion, amend
this Terms of Use agreement from time to time.
Orders & Pricing
eVitamins retains the rights to cancel any order at any time. If an order is cancelled, the proper credit will be issued back to the customer usually within 24 to 48 business hours. eVitamins retains the right to ship to only countries or addresses with which it feels are safe and non-fraudulent. Pricing and availability on our website is subject to change at anytime without notice. Our pricing is based on "standard order weights". Any deviation from standard order sizes may be subject to additional shipping and handling charges. We will contact you with these charges before shipping your order. If you do not wish to accept these additional charges, you may cancel your order. All orders must be inspected within 48 hours of receipt to be eligible for a full refund or returned within 30 days.
Payment By Check
A $25.00 fee will be added to all checks returned to us that have been unpaid or have been cancelled. Any further monetary obligations that result from the collection of any check will be added to the amount due.
Credit Card & Debit Card Payments
When you place an order with eVitamins, your card will be "authorized" for the entire order amount. For some credit cards this will appear as if it was an actual charge however, it is simply an autorization of us setting the funds aside in your account to capture when your order ships.
A card "authorization" is provided to merchants upon the initial order to guarantee that the merchant will be able to charge a credit or debit card for the purchase amount when an order ships. This "authorization" will set aside funds on the credit or debit card to cover the purchase that was made. A credit or debit card "charge" is the actual transfer of funds from the credit card agency or bank to the merchant for the sale. If an order is not shipped or cancelled, the "authorization" will automatically be removed within 3 business days (depending on your individual bank) by the card company and those funds will be released back to your account.
*When using a debit card the authorization will freeze these funds in your account. eVitamins is not responsible for any bank fees associated with authorization of debit cards regarding checking accounts.
Miscellaneous
The failure
of evitamins or its affiliates to insist upon strict adherence to any
term of this agreement shall not constitute a waiver of such term and shall not
be considered a waiver or limit that party's right thereafter to insist upon
strict adherence to that term or any other term of this agreement. You agree
that regardless of any statute or law to the contrary, any claim of cause of
action arising from or relating to use of this site or this agreement must be
filed within one (1) year after such claim or cause of action arose, or will be
forever barred. The "No Warranty; Disclaimer" and "Limitation of Liability"
provisions of this agreement are for the benefit of eVitamins and its
affiliates as defined herein, and each of these individuals or entities shall
have the right to assert and enforce these provisions directly against you on
its own behalf.
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