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Vitonomy Terms of Service

Welcome to the Vitonomy.com website. Vitonomy, LLC and/or its affiliated entities ("Vitonomy") provide access to its websites and social media sites subject to the following terms of service ("Terms of Service"). When the Terms of Service refers to "us" or "we" or "our," it refers to Vitonomy. When it refers to "you" or "your," it refers you, the user of the Vitonomy websites and/or social media sites. If you visit or shop at Vitonomy.com, or any other Vitonomy website or social media site, you accept these Terms of Service. The Terms of Service apply to all Vitonomy owned and operated websites and social media sites. In the event that any of the Terms of Service or notices contained herein conflict with other terms and guidelines contained within any particular Vitonomy website or social media site, then these Terms of Service shall control.

Privacy
Please review our Privacy Policy, which also applies to your visit to Vitonomy.com. It will explain how we protect and use your personal data.

Intended Audience
This site is a business and commercial site, and therefore is not intended for persons under the age of 18. The material on this website is published by Vitonomy as a service to its customers who reside in the United States and its Territories. Please note that if you access this website from outside of the United States, Vitonomy and its affiliated entities do not warrant that the content on this site is appropriate for all jurisdictions.

Your Account
You agree to maintain the confidentiality of any identification number, key or password ("Identifiers") with which you are provided. You agree to immediately notify Vitonomy of any unauthorized use of the Identifiers or other breach of security. You agree to accept responsibility for all activities that occur utilizing your Identifiers. We are not responsible for any misuse of your account by someone who uses your Identifiers. You represent and warrant that you are an authorized user of the credit card or account information used on the Vitonomy website.

Copyright
All website content, design and graphics are owned solely and exclusively by Vitonomy and are protected by United States and international copyright law. No website material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any medium including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Vitonomy.

Trademarks
All logos, page headers, custom graphics, scripts and button icons are service marks, trade names, trademarks and/or trade dress of Vitonomy in the United States and/or other countries and are owned solely and exclusively by Vitonomy. Vitonomy’s service marks, trade names, trademarks and/or trade dress may not be used in connection with any product or service that is not Vitonomy’s or in any manner that is likely to cause confusion among customers or that disparages Vitonomy. "Disparage" shall mean making statements, whether true or false, that discredit or detract from the reputation of Vitonomy, its products or services, employees or affiliates or that present Vitonomy, its products or services, employees or affiliates in a negative light.

Limited License
Vitonomy grants you a limited license to access and make personal use of the Vitonomy website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Vitonomy. This license does not include any resale or commercial use of the Vitonomy website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Vitonomy website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Vitonomy website or any portion of the Vitonomy website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Vitonomy. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Vitonomy without our express written consent. You may not use any metatags or any other "hidden text" utilizing Vitonomy's name or trademarks without the express written consent of Vitonomy. Any unauthorized use terminates the permission or license granted by Vitonomy. You are granted a limited, revocable and non-exclusive right to create a hyperlink to the home page of Vitonomy.com so long as the link does not disparage Vitonomy, or its products or services, employees or Affiliates. You may not use any Vitonomy logo or other proprietary graphic or trademark as part of the link without our express written permission.

Links to Third Party Sites
Vitonomy may provide, via its websites, links to other third party websites or resources and/or advertisements or other such promotional materials. Because Vitonomy has no control over the content of linked-to sites or the quality of the goods or services offered via these linked-to sites, you acknowledge and agree that Vitonomy is not responsible for and in no way guarantees or endorses: (1) the availability of linked-to sites or resources; (2) the accuracy or completeness of any content available at or through the linked-to sites; (3) the goods or services offered via these third-party sites. Accordingly, you acknowledge and agree that Vitonomy shall not be responsible or liable to you in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to website and/or the quality of any goods or services offered by or through any linked to third-party site.

Modification of the Vitonomy Terms
Vitonomy reserves the right to change the Terms of Service. You are responsible for regularly reviewing the Terms of Service and additional terms posted on the Vitonomy websites or social media sites. Your continued use of the Vitonomy websites and/or social media sites constitutes your agreement to all such terms, conditions and notices.

Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE VITONOMY WEBSITES AND/OR SOCIAL MEDIA SITES IS AT YOUR SOLE RISK. THE WEBSITES AND SOCIAL MEDIA SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW VITONOMY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VITONOMY MAKES NO WARRANTY THAT (i) THE WEBSITE(S) AND/OR SOCIAL MEDIA SITES WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE(S) AND/OR SOCIAL MEDIA SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE(S) AND/OR SOCIAL MEDIA SITES WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE(S) AND/OR SOCIAL MEDIA SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VITONOMY OR THROUGH OR FROM THE EMAIL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE VITONOMY TERMS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS IN SECTIONS 9 AND 10 MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VITONOMY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE WEBSITE(S) AND/OR SOCIAL MEDIA SITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE(S) AND/OR SOCIAL MEDIA SITES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) MISDIRECTED ORDERS OR LOST PROFITS, LOST REGISTRATIONS, LOST GOODWILL, OR LOST OR STOLEN PROGRAMS OR OTHER DATA; OR (vi) ANY OTHER MATTER RELATING TO THE WEBSITES AND/OR SOCIAL MEDIA SITES EVEN IF VITONOMY, ITS EMPLOYEES, AGENTS, OR AFFILIATES THEREOF, ARE ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, LOSSES OR EXPENSES.

Return Policy
At Vitonomy, we strive to provide you with the most cutting-edge, scientifically validated health and wellness products available to help you achieve your best health. If for any reason you are not fully pleased with your initial shipment of a product, you may return the bottle (even if empty) for a full refund, minus shipping, handling or other related charges for one full year from the order date.

Exceptions to Standard Return Policy
To be fair and to keep costs down for all of our valued customers, Vitonomy limits refunds to the first opened package on that product’s first order.  Any other returns of the same product on its first order must be in the original factory-sealed container and in good condition for a full refund. If the return is related to a manufacturing error or a shipping error on our part, you will also be refunded the shipping cost in addition to the cost of the product. Vitonomy reserves the right to limit returns and refunds to individuals who abuse our return policy.

Returning an Item
Please follow the instructions below when returning an item:

  • Pack the item securely in the original package, if possible.
  • If you have a copy of your original invoice, please include it along with a short note explaining why you’re returning the product.  If you don’t have the original invoice, simply include your name as it appeared on the invoice along with your address and order number. You can also initiate a return by clicking on the "Your Account" tab at Vitonomy.com.
  • All return shipping charges must be prepaid.  We cannot accept C.O.D. deliveries.
  • For your protection, we recommend that you use UPS or Insured Parcel Post for your return and also keep a copy of any shipping information for your own records.
  • Ship the return package to:
    Vitonomy
    ATTN: Returns Department
    4950 South 48th Street
    Phoenix, AZ 85040
  • You can expect a refund for the full amount of the product (in the same form of payment that you originally used for the purchase) within 30-days after we receive your returned product. In most cases, refunds will appear on your credit card within 10 days.
  • You may view the status of your refund by logging into your account at Vitonomy.com or by calling one of our Nutritional Advisors at 1-888-650-8486.

Dispute Resolution – Mediation, Arbitration, Governing Law, Venue, and Jurisdiction..
If a dispute arises relating to any relationship between or among you and Vitonomy, it is expected that the parties will attempt, in good faith, to resolve any such dispute in an amicable and mutually satisfactory manner. However, all such disputes shall be governed by this provision.

In the event such efforts are unsuccessful, either party may serve a Notice of Mediation on the other Party. Notice of Mediation shall be personally delivered or sent by prepaid registered airmail or overnight delivery service and shall be effective upon receipt thereof by the Party to whom it is addressed. Proof of receipt shall be a receipt signed by the addressee, a household resident or employee, an officer or responsible official of the Party to whom it is addressed. The Notice of Mediation shall be dated, without prejudice to any right under the Rules, permitting subsequent modifications and it shall specify the claims or issues that are to be addressed in the mediation. Mediation shall occur in Phoenix, Arizona, and shall last no more than two business days. Each party to the mediation shall bear its own expenses, cost and attorney’s fees. The party requesting the mediation shall bear the cost of the mediator’s fees. Either Party may elect to participate in the mediation telephonically.

If differences are not resolved by mediation, the Parties agree that in order to promote to the fullest extent reasonably possible, a mutually amicable resolution of the dispute in a timely, efficient and cost-effective manner, they will waive their respective rights to a trial by jury and settle their dispute by submitting the controversy to arbitration in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association ("AAA Rules"), which are available at http://www.adr.org/sp.asp?id=22440 or contact Vitonomy’s Customer Service Department and request that the AAA Rules be mailed to you. Notwithstanding the foregoing and the AAA Rules, the following shall apply to all arbitration proceedings:

  • All Parties shall be entitled to all discovery rights allowed under the Federal Rules of Civil Procedure as those rules exist in the United States Federal Court for the District of Arizona;
  • The United States Federal Rules of Evidence shall be strictly applied to all arbitration proceedings;
  • The parties shall also be entitled to bring motions pursuant to Rules 12 and/or 56 of the Federal Rules of Civil Procedure; and
  • If a claim is for less than $1,000, the arbitration hearing may be held telephonically if the customer wishes to do so. If the customer does not wish to hold the arbitration hearing telephonically or if the claim is for $1,000 or more, the arbitration hearing shall not be held telephonically, but rather, shall be held in-person in Phoenix, Arizona. 

The parties acknowledge that this Agreement evidences a transaction involving interstate commerce, and that the Federal Arbitration Act (FAA) and to the extent not inconsistent, the AAA Rules as they exist as of the time the dispute is submitted, shall govern the interpretation, enforcement and proceedings pursuant to this mediation and arbitration clause, except as otherwise provided in these Dispute Resolution provisions. The parties agree that no claim shall be adjudicated, in arbitration or in any judicial proceeding, as a Class Action, and that no arbitration conducted pursuant to this Agreement shall allow class claims or consolidation or joinder of claims or parties.

The Parties acknowledge and understand that they would have had a right to litigate disputes through the courts, but have agreed to resolve disputes through arbitration, including an agreement that no claim shall be adjudicated, in arbitration or in any judicial proceeding, as a class action and that no arbitration conducted pursuant to this Agreement shall allow class claims, or consolidation or joinder of claims or parties.

The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. 1 et seq., and the judgment upon the award rendered by the arbitrator may be entered by a court having jurisdiction thereof. Any substantive or procedural rights including the enforceability of the arbitration agreement shall be determined by the Arbitrator in accordance with the AAA Rules and the terms of this Arbitration provision and governed by Arizona law, without regard to Arizona’s conflict of laws principles.

The Parties further expressly agree: (i) the arbitrator shall only reach his or her decision by applying strict rules of law to the facts, (ii) the arbitration shall be conducted in the English language, (iii) the sole and exclusive jurisdiction and venue for the arbitration (or proceeding in a court of competent jurisdiction if the matters at issue are adjudicated in the courts) shall be in Maricopa County, Arizona, (iv) the party in whose favor the arbitration award (or order of a court or a judgment in a case to enforce an arbitration award) is rendered shall be entitled to recover its attorneys’ fees and costs, the costs and expenses of the arbitration, including fees paid to the arbitrator, as well as any attorneys’ fees and costs incurred in executing or enforcing an arbitration award (or order of a court or a judgment in a case to enforce an arbitration award); and (v) the award shall be issued in Maricopa County, Arizona, USA.

Except as provided in the following sentences, no Party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter has been submitted and determined as provided herein and then only for the enforcement of such arbitration award. Provided that, notwithstanding this Dispute Resolution provision, either party may apply to a court of competent jurisdiction in Maricopa County, Arizona or the United States District Court for the District of Arizona, residing in Phoenix, Arizona, to seek injunctive or other equitable relief before or after the pendency of any arbitration proceeding and the parties consent to the exclusive jurisdiction and venue before such tribunals when seeking injunctive or equitable relief. The institution of any action for injunctive or other equitable relief shall not constitute a waiver of the right or obligation of any Party to submit any claim seeking relief other than injunctive or other equitable relief to arbitration. Judgment upon the award may be entered by the United States District Court for the District of Arizona, or Maricopa County Superior Court or application may be made to such court for the judicial acceptance of the award and order of enforcement, as the case may be if a party fails to comply with an arbitrator’s award or within 7 days of the arbitrator’s decision. Except as provided in this paragraph, arbitration shall be the sole and exclusive procedure for resolution of disputes between the parties, including any disputes that might arise after termination of this Agreement.

All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the judgment of the arbitrator or as necessary to give effect to res judicata and collateral estoppel, in which case all filings with any court shall be sealed to the extent permissible by the court. Nothing herein is intended to or shall, preclude a Party from communicating with or making disclosure to, its lawyers, tax advisors, auditors and insurers, as necessary and appropriate or from making such other disclosures as may be required by law.

General
a. You agree that no joint venture, partnership, employment or agency relationship exists between you and Vitonomy as a result of this agreement or use of the Vitonomy websites and/or social media sites.

b. You agree to indemnify and hold Vitonomy, its parent, subsidiary or affiliated entities, its officers, employees, and affiliates harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on the Vitonomy websites and/or social media sites.

c. Vitonomy's performance pursuant to these Terms of Service is subject to existing laws and legal process and nothing contained in these Terms of Service is in derogation of Vitonomy's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Vitonomy websites or information provided to or gathered by Vitonomy with respect to such use.

d. If any provision of the Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to the warranty disclaimers and liability limitations set forth above, such limited portions of the provision that are unenforceable shall be fully severable from this Agreement and the remaining terms shall remain in full force and effect and be construed as if such invalid or unenforceable provision never comprised a part hereof. Furthermore, in lieu of such invalid or unenforceable provision there shall be added in its place a provision as similar in its terms to the invalid or unenforceable provisions as may be possible and legal, valid and enforceable.

e. Unless otherwise specified herein, the Terms of Service and the Vitonomy Privacy Policy constitute the entire agreement between you and Vitonomy with respect to the Vitonomy websites and/or social media sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Vitonomy with respect to the Vitonomy websites and/or social media sites.

f. A printed version of the Terms of Service 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.

Notices and Procedure for Making Claims of Copyright Infringement
Notifications of claimed copyright infringement or other intellectual property infringement should be sent to the following: By Mail: General Counsel, Vitonomy, LLC, 4950 S. 48th Street

By email: trademarkadmin@Vitonomy.com.