YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL NON-CONTESTABLE ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
Products, Content and Specifications
All features, content, specifications, products and prices of products and services described or depicted on this website, www.vitafountain.com (this “website”), are subject to change at any time without notice and may or may not be available at time of purchase. The inclusion of any products or services on this website at a particular time does not imply or warrant that these products or services will be available at any time. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Vitafountain.com (“Vitafountain”, “Vitafountain Inc.”, “we” or “us”) and its development team who operates this website pursuant to direct agreements with Vitafountain.com, make all reasonable efforts to accurately display the attributes of products, such as colors, size, shape and consistency; however, the actual colors, size, shape and consistency you see will depend on your computer hardware, monitor and screen resolution. We cannot guarantee the exact representation of the product on the website will be the exact same color size shape or consistency as the actual product. While small variations may occur, rest assured Vitafountain.com and it’s team has done it’s very best to deliver the purchased product as represented. We attempt to ensure that information on this website is complete, accurate and current, however despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or current status of any information on this website. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. It is your personal responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Always Consult Your Physician
The products, information, services and other content provided on and through this website, 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 your physician or other healthcare professional regarding treatment options. The information provided on this site and any linked websites, 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 doctor or health care professional, or any information contained on or in any product label or packaging. You should not use the information or services on this site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always speak with your doctor or health care professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, 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 that product. You should also consult your doctor or healthcare professional regarding any interactions between any medication you’re currently taking and nutritional supplements. Vitafountain.com 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 site to which this site links.
Ordering and Pricing
When an order is placed with Vitafountain.com, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this website. All purchases are made pursuant to a shipment contract as designated by the purchaser as set forth on the website. The purchaser is responsible for filing any claims with carriers for damaged and/or lost shipments. Vitafountain.com will do it’s best to provide accurate product and pricing information. However, pricing or typographical errors do occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation.
Shipping
Free standard shipping requires a minimum merchandise total of $44.95 after any discounts or promotions have been given or used. Sales tax will be charged (wherever applicable by law) on all merchandise purchased. Free standard shipping applies to all products and items on our website. Standard shipping is $6.95 for orders under $44.95 after any discounts or sales taxes have been applied. Corporate orders, orders containing large quantities of items or very heavy items will be subject to an additional surcharge to cover any due or unusual additional shipping expenses. Additional charges will be detailed and clearly explained prior to final confirmation of your order. Orders will ship via the carrier of our choice. All pricing displayed on this website are quoted in U.S. dollars and are valid and effective only within the United States, and such product prices do not include shipping and handling, sales taxes, or surcharges if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges, state and local sales or use taxes or any surcharges that may apply based on the nature and size of your order. Merchandise total excludes gift certificates, delivery insurance, charitable donations and non-applicable items. Expedited orders and orders shipping outside of the 48 contiguous United States are subject to additional shipping fees. Standard Shipping to Alaska, Hawaii, Puerto Rico, U.S. Territories and Canada is between averaged between $13.99-$19.99 depending on territory plus $3.95-$6.95 for handling, plus any additional surcharges specific to your order. All shipping details and costs will be disclosed before purchase is completed. Purchase will not be completed without your confirmation of final shipping and handling costs, taxes or surcharges where applicable. We presently do not ship internationally.
Simple Return and Exchange Policy
When ordering from Vitafountain.com and things aren’t exactly right with your product, you may return or exchange that product in accordance with our Simple Return and Exchange Policy. Although every product we sell has been thoroughly researched, some products are ordered in error for one reason or another or have simply been ordered incorrectly. You may unconditionally return any unopened product for a 100% of your money back for the total cost of the product only. We do not reimburse shipping or handling costs for initial shipping or returns.
Use of this Website
The design of this website and all text, graphics, images, video, information, content, and all other material displayed on or that can be downloaded from this website are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The content, software and other technology components of this website are owned, operated and copy write protected by Vitafountain Inc. and its respective affiliates and development team. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You will not remove any copyright, trademark or other proprietary notices from material found on the website.
Linking to this Website and Third Party Websites
Running or displaying this website or any information or material displayed on this website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply will all applicable laws, rule and regulations. From time to time, this website may contain links to websites that are not owned, operated or controlled by Vitafountain.com or its affiliates or development team. All such links are provided solely as a convenience to you for additional information or reference. If you use these links, they will redirect you to another website completely unaffiliated with Vitafountain.com and you will leave this website. Neither we nor any of our respective affiliates or development team are responsible for any content, materials or other information located on or accessible from any other website. You are advised that other sites on the internet, including without limitation to any linked websites, 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. Vitafountain.com 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 website. Neither we nor any of our respective affiliates or development team endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this website, you do so entirely at your own risk.
Recipes
As part of the website, Vitafountain.com may offer recipes and information dealing in the preparation of foods and/or supplements, etc. Vitafountain.com allows recipe submissions by various sources, including users of the website. Vitafountain.com in no way provides any warranty, implied or otherwise, towards the content of recipes submitted by any user, visitor, or other entity. As such, it is your responsibility to determine the value and quality of any recipe or instructions provided for food preparation and to determine the nutritional value, if any, and safety of the preparation instructions. Recipes taken from our website and prepared are done so “at your own risk”. Vitafountain.com is not responsible for any damage, medically or otherwise, resulting in the preparation of food and/or supplements using the instructions or recipes provided on this website. You must take care to check the instructions provided and determine their value and any possible medical condition that may arise from the consumption of the ingredients listed in these recipes.
ONCE AGAIN – Always Consult Your Physician
The products, information, services and other content provided on and through this website, 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 your physician or other healthcare professional regarding treatment options. The information provided on this site and any linked websites, 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 doctor or health care professional, or any information contained on or in any product label or packaging. You should not use the information or services on this site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always speak with your doctor or health care professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, 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 that product. You should also consult your doctor or healthcare professional regarding any interactions between any medication you’re currently taking and nutritional supplements. Vitafountain.com 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 site to which this site links.
No Warranty Blanket Disclaimer
Vitafountain.com is providing this site and its contents on an “as is” basis. Vitafountain.com 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 linked website and the uninterrupted and error-free use of this site. Vitafountain.com 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. Vitafountain.com 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 Vitafountain.com or its affiliates will create any warranty not expressly set forth herein. Your use of this site and any linked website is at your sole risk.
Limitation of Liability
VITAFOUNTAIN.COM 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 WEBSITE. 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 VITAFOUNTAIN.COM 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 Vitafountain.com 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 this website. You agree to indemnify, defend and hold harmless Vitafountain.com 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 website, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this website.
Arbitration
This Agreement shall be governed by and construed in accordance with the laws of the State of New York. You agree that any legal action or proceeding between Vitafountain.com and you for any purpose concerning this Agreement or the parties’ obligations hereunder, and with the prior agreement of Vitafountain.com, any claim, dispute or controversy arising or concerning this site and/or this agreement shall be decided by binding arbitration with the Rules of the American Arbitration Association and any such arbitration brought exclusively in a court of competent jurisdiction sitting in Nassau County, New York, USA. You hereby waive your right to a jury trial in any action with respect to the subject matter of this Agreement. Any cause of action or claim you may have with respect to product or service must be commenced within one (1) year after the claim or cause of action arises. Failure of Vitafountain.com to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. The decisions of the arbitrators shall be conclusive upon all parties involved and judgment upon any award of the arbitrator by any court having competent jurisdiction.
Entire Agreement
This Agreement constitutes the entire Agreement between Vitafountain.com and each user of this website with respect to the subject matter of this Agreement 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 website and your use of this site shall be deemed acceptance of and assent to this Agreement by you. In addition, Vitafountain.com may amend this Terms of Use Agreement from time to time. Please check this Agreement area periodically for changes. Use of this website after any modification implies that you consent to this Agreement as modified.