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Terms and Conditions

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. You are advised to check these Terms and Conditions from time to time for any changes or updates.


Grant of License

You are granted a non-exclusive, revocable, and limited license to access and use this Site and content in accordance with these Terms and Conditions. No additional rights are granted to you by implication, estoppel or otherwise.


Not Medical or HealthCare Advice

CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE IS NOT INTENDED TO PROVIDE AND DOES NOT CONSTITUTE MEDICAL OR HEALTHCARE ADVICE NOR CAN IT BE RELIED UPON AS PREVENTATIVE CARE, CURE OR TREATMENT FOR ANY DISEASE OR MEDICAL CONDITION. YOU SHOULD CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL FOR ADVICE REGARDING THE DIAGNOSIS AND TREATMENT OF ANY MEDICAL CONDITION AND BEFORE STARTING ANY VITAMIN, HERBAL OR DIETARY SUPPLEMENTATION, NUTRITIONAL, EXERCISE OR OTHER MEDICATION PROGRAM. YOUR USE OF INFORMATION AVAILABLE ON OR THROUGH THIS SITE IS YOUR OWN RESPONSIBILITY AND OWN RISK.


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.


Proposition 65

Please know that eVitamins obides by Proposition 65 ("Prop 65") which requires us to notify all Californians about significant amounts of chemicals in the products they purchase, in their homes or workplaces, or that are released into the environment. The list contains a wide range of naturally occurring and synthetic chemicals that are known to cause cancer or birth defects or other reproductive harm. These chemicals include additives or ingredients in pesticides, common household products, food, drugs, dyes, or solvents. Listed chemicals may also be used in manufacturing and construction, or they may be byproducts of chemical processes, such as motor vehicle exhaust.

Prop 65 Ingredient List (updated as of Septermber 2016)

For more information on Proposition 65 or for the list of items, please click here. While we make all efforts to not carry any product that violates Prop 65, because the list of items on this list is dynamic, for a short period, some of these items may overlap with items we carry. As a user of this website and or customer of eVitamins you agree that this statement serves as notice to check the Prop 65 ingredients in the items you purchase against the Prop 65 list of ingredients. In addition, you agree to hold eVitamins harmelss and not liable for any products purchased from eVitamins that violates Proposition 65 regardless of any circumstances. eVitamins will do our best to ensure that all products shipped have a required warning label on them if they have been known to violate Prop 65 (they would most likely be discontinued) however we can not guarantee such on all products and this notice may serve as your only notice of Proposition 65 and may also serve as your only reminder to check the items you purchase against items on this list. In accordance with using or purchasing items from eVitamins you agree to hold eVitamins harmless for any product that violates Prop 65 in any way. In addition, you understand that the list provided may not represent the most complete or up to date list and you should always check with your local governing agency for the latest Prop 65 list.


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 or products purchased from this website, 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. YOU SHOULD ALWAYS CHECK WITH YOUR LOCAL DOCTOR, HEALTH PRACTIONER OR HEALTH CARE PROVIDER BEFORE TAKING ANY PRODUCT LISTED ON THIS WEBSITE.


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.


International Shipping - Importer of Record

By ordering goods from eVitamins destined to any country in the European Union or any other country outside of the United States, you understand that, services will be provided to you only after you explicitly agree to become Importer of Record (“IOR”) and as such customs clearance shall be made in your name and on your behalf. As Importer of Record ("IOR"), you agree to be ultimately responsible for importing the products ordered by you into the destination country and are solely responsible for the payment of duties and taxes either at the time of sale if prepayment is selected or at the time of importation if prepayment is not selected. As the Importer of Record you also agree to be solely responsible for the compliance of any laws or regulations with regards to the products you are importing within your particular country. You hereby give a proxy or power of attorney (“POA”) to eVitamins designated shipping provider for the customs clearance of products ordered by you. This POA authorizes eVitamins' designated shipping provider’s assigned customs broker to act on behalf of you. eVitamins' designated shipping provider’s intervention with respect to customs formalities may be done by a customs agent assigned by eVitamins' designated shipping provider on your behalf. You hereby acknowledge to have understood the concept of IOR and the need of the POA and further state that the terms of the POA or terms of the purchase from eVitamins and transportation conditions from eVitamins' designated shipping provider are not unreasonable or unknown to you, that you have read them, understood them and further have agreed to them.


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 and supersedes 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.

If an item becomes discontinued or unavailable and your order ONLY contains this one single item, your order will automatically become cancelled and any payments will be refunded. If your order contains MULTIPLE products or items, eVitamins will cancel from your order that which is unavailable and ship the remaining portion of your order. eVitamins will not be held liable for partial shipments due to discontinued items.


Payment By Check

A $25.00 fee will be added to all checks returned to us that have been unpaid or have been cancelled (NSF Checks). 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 authorization 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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Statements made about specific vitamins, supplements, procedures or other items sold on or through this website have not been evaluated by eVitamins or by the United States Food and Drug Administration. They are not intended to diagnose, treat, cure or prevent disease. The information provided on this site is for informational purposes only. As always, please consult with a licensed doctor or physician before starting any diet, exercise or supplement program, before taking any vitamin or medication, or if you have or suspect you might have a problem.

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