TERMS OF SERVICE

Version 1.0
Last Modified: May 6, 2022

These Terms contain exclusions, disclaimers, and limitations of liability. Please read these Terms carefully.

These Terms of Service (the “Terms”) apply to your use of http://theprovitaminshop.com and all related apps and services (the “Services”). These Terms are effective as of the Last Modified date above.

All references to “us” and similar words such as “we” and “our” (even if not capitalized) mean Provitamin LLC. All references to “you” and similar words such as “your” (even if not capitalized) mean the individual using the Services, and if you are using the Services on behalf of a business entity, it means both you and that business.

By using the Services, you are agreeing to these Terms and the other policies referenced in these Terms. If you are using the Services on behalf of a business entity, then you represent that you are authorized to use the Services on behalf of that business and you are agreeing to these Terms and the other policies referenced in these Terms on behalf of both you and that business.

If you do not agree to these Terms, then you may not use the Services.

Use of the Services

License to Use the Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Service solely for your internal use.

Not for Children

The Services are not designed for children. You may not use the Services if you are under 13 years old.

Prohibited Uses

You shall not directly or indirectly: (a) use the Services for any illegal purpose or in a way that would violate another contract, (b) resell or otherwise make the Services available to third parties without our express permission, (c) use the Services in any way that may harm the Services, including using bots, scrapers, harvesters, or other automated systems, (d) take any action which constitutes reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code, object code, or underlying structure or algorithms, of the Services, or (e) attempt to use the Services without our express permission after we have terminated your right to use the Services.

Modifications

We may add to, modify, suspend, or discontinue, all or parts of the Services at any time, for any reason, with or without notice to you. We will not be liable to you for any such change.

No Support

We will not have any obligation to provide any customer support with respect to your use of the Services.

Privacy Policy

Our privacy policy is available at http://theprovitaminshop.com/privacy-policy (the “Privacy Policy”). That Privacy Policy applies to your use of the Services. By using the Services, you consent to our collection and use of your information, as described in our Privacy Policy.

User Accounts

User Accounts

We may allow you to create an account (or we may create one for you) to use the Services. If you create (or accept) an account, then we may request information about you as described in the account setup process and in these Terms and the other policies referenced in these Terms. Please review our Privacy Policy to understand how we use your information. Subject to the other provisions in these Terms, both you and we may terminate your account any time.

Account Responsibilities

You must keep your account credentials private and may not allow other people to use your account. You are responsible for everything that happens through your account.

Paid Services

Products

We may allow you to purchase products from the Services. The price for each product will be described on the product page and in your checkout process. By purchasing a product, you are authorizing us to charge your supplied payment method for the amounts described in your checkout process. Except as provided in these Terms, all payments for products must be paid in advance, are non-cancelable, and non-refundable.

Premium Services

Portions of our Services are restricted and may only be used by users that purchase a license or subscription (a “Premium Service”). We may offer different types of Premium Services, with different pricing plans for each. The price for each Premium Service will be described on the Service and in your checkout process. By purchasing a Premium Service, you are authorizing us to charge your supplied payment method for the amounts described in your checkout process. We may offer different payment plans for Premium Services (for example, one payment, installment payments, or subscriptions). If you select an installment or subscription option and fail to pay each installment or subscription payment, then we may terminate your rights to use the Premium Services. If you purchase a subscription Premium Service, then you may terminate your subscription at any time and the termination will be effective at the end of the then-current subscription term (even if you stop using the subscription early) and you will be responsible for all payments remaining for the then-current subscription term. Except as provided in these Terms, all fees must be paid in advance, are non-cancelable, and non-refundable.

Your Content

Your Content

You may be allowed to submit content to us (such as text, documents, images, audio, videos, and more) (“Your Content”). By submitting Your Content to us, you represent that you own Your Content, or otherwise have legal rights to You Content, and that the license you grant us to use Your Content is valid and does not violate any other contract or law.

License to Use Your Content

By uploading Your Content, you grant us an irrevocable, worldwide, perpetual, royalty-free, sub-licensable, transferable, non-exclusive, license to access, store, use, process, copy, distribute, display, perform, create derivative works from, and export, Your Content, with or without attribution for the following purposes: (a) to provide, maintain, and update the Services, (b) to prevent or address service, security, support, and technical issues, with the Services, and (c) as required by law. Please refer to our Privacy Policy for additional information about how we may use Your Content.

Visibility of Your Content

Please note that Your Content may be visible to other users of the Service depending on the privacy settings chosen by you (please review our Privacy Policy to understand your rights with respect to privacy settings). We cannot guarantee that those other users will not violate your rights with respect to Your Content and we disclaim all liability for uses by other users.

Deleting Your Content

Notwithstanding anything contrary in these Terms, we do not have any obligation to retain or otherwise backup Your Content. Please review our Privacy Policy to learn more about your rights with respect to the retention and deletion of Your Content.

Intellectual Property

Our Property Rights

The Services (including all design, software, code, and other content on the Services) are either owned by us, licensed to us, or likely owned by another individual or business, and may be protected by copyright, trademark, patent, trade secret, or other intellectual property laws. As between you and us, we own all the foregoing. Your use of the Services does not grant any rights to you other than the right to use the Services for their intended purpose as outlined in these Terms.

Copyright/DMCA Policy

We respect intellectual property rights and it is our policy to comply with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe content on the Services infringes your copyright (or the copyright of someone which you are authorized to represent), please submit a DMCA Notice to our Designated DMCA Agent at the email address at the bottom of these Terms.

Your DMCA Notice must include all the following:

• Identification of the copyrighted work that you claim has been infringed.
• Identification of the material that is claimed to be infringing and specifically where it is located on the Service.
• Sufficient information for us to contact you such as your address, phone, or email address.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
• A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
• An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
• The Services are offered on an “AS IS” and “AS AVAILABLE” basis without any representations or warranties of any kind.
• Without limitation, we do not represent or warrant that (a) the information on the Services is free from error, (b) the functionality of the Services will be uninterrupted, secure, or free of errors, (c) defects in the Services will be corrected, or (d) that the Services or the equipment the Services use are free of viruses.
• To the fullest extent permitted by law, we disclaim all representations and warranties (express, implied, and statutory), including the implied warranties of merchantability, title, fitness for a particular purpose, accuracy of data, and non-infringement, and all liability for identity theft and other misuse of your identity or content.
• We do not vet content submitted by users of the Services and we do not represent or guarantee that any such content is truthful or accurate or that you will have any right to use that content.
• We do not warrant, endorse, guarantee, or assume responsibility for, any product or service advertised or offered by a third party on the Services, or for any other websites or applications which are linked to or referenced in the Services. If you use or purchase any such products or services, or if you click on any such links, you do so at your sole risk.
• We will not be liable to you or any third party for any indirect, special, incidental, consequential, cover, or punitive damages (including lost profits or revenues, loss of data, loss of use, or costs of obtaining substitute goods or services), arising out of or in connection to the Services or your use of the Services.
• All limitations of liability in these Terms will apply regardless of whether you or the third party bases your/its claim on contract, tort, strict liability, or any other legal theory, and whether we knew or should have known about the possibility of such damages.
• All limitations of liability in these Terms will apply to the fullest extent permitted by law.
• Subject to the limitations of liability in these Terms, our liability to you or any third party will not exceed the amount you paid for the Services, or if the claim does not relate to a purchase, then $100.
• Any cause of action or claim which you may have which arises out of or in connection to the Services or your use of the Services must be brought (if at all) within one year after the cause of action or claim accrued. Otherwise, such cause of action or claim will be permanently barred.
• All the foregoing limitations will apply even if a remedy fails of its essential purpose and to the fullest extent permitted by law.

PLEASE NOTE: Under U.S. federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.

Exclusions, Disclaimers, & Limitations of Liability

All references to “us” and similar words such as “we” and “our” (even if not capitalized) in this section mean us and our parents, subsidiaries, and affiliates, and the respective owners, directors, officers, managers, employees, contractors, and other representatives, of us and our parents, subsidiaries, and affiliates.

Some jurisdictions do not allow certain exclusions, disclaimers, and limitations of liability. To the extent such jurisdictions’ laws are applicable to your use of the Services, such exclusions, disclaimers, and limitations of liability, will be limited to the extent required by the applicable law.

Termination

Your Rights

You may terminate your account or your use of the Services at any time. If you owe us any payments at the time you terminate your account or use of the Services, then you must promptly pay us all such payments after the termination. In all cases, you will remain liable for any damage you caused or may later cause to us or any part of the Services.

Our Rights

We may temporarily or permanently terminate one or both of (a) your account and delete all content (including Your Content) associated with your account, and (b) your licensee to use the Services. We may exercise those rights at any time, for any reason, in our sole discretion, with or without notice to you.

Survival of Terms

Even if your account or your license to use the Services is terminated (by either party), the following provisions of these Terms will continue to apply to you and will survive such termination: (a) all provisions restricting your right to use the Services and all provisions limiting our obligations to you, (b) all provisions related to your obligation to pay us sums you owe us, (c) all provisions related to our intellectual property rights and all provisions related to your licenses of (and representations regarding) Your Content, (d) all provisions related to your indemnification obligations and all provisions related to arbitration, governing law, jurisdiction, and waiver of jury trials, (e) all provisions related to exclusions, disclaimers, and limitations of liability (except as limited by applicable law), (f) all provisions related to termination of your account and license to use the Services, and (g) all miscellaneous provisions.

Indemnification

You shall indemnify us and our parents, subsidiaries, and affiliates, and the respective owners, directors, officers, managers, employees, contractors, and other representatives, of us and our parents, subsidiaries, and affiliates (the “Protected Parties”) against all reasonable expenses including attorneys’ fees, costs, and damages of every kind (the “Losses”) arising out of any suit, claim, investigation, or proceeding, which is threatened or brought against us, related to your (a) use of the Services, (b) breach of these Terms or any other policies referenced in these Terms, (c) submission of content that violates third party rights or applicable laws, or (d) violation of applicable law. We may, at your expense, assume the exclusive control and defense of any such matter. You shall cooperate, at your expense, with our control and defense of any such matter. You shall not settle any such matter without our prior written consent.

Legal Provisions

Governing Law & Jurisdiction

Our provision of the Services, your use of the Services, and these Terms and all policies referenced in these Terms, will be governed by and construed in accordance with the laws of California excluding its conflict of law principles.

Waiver of Jury Trial

You and we each waive trial by jury in all actions, proceedings, or counterclaims brought by either party against the other on any matter arising out of or in any way connected to the Services, your use of the Services, and these Terms and all policies referenced in these Terms.

Miscellaneous

Entire Agreement

These Terms, and all policies referenced in these Terms (if applicable to you), contain the entire agreement between you and us related to the Services and your use of the Services, and supersede all prior discussions and agreements (whether oral or written) by you and us related to the same.

Waiver

Any failure or delay by us to exercise any right or remedy in these Terms will not operate as a waiver of the same. Any waiver by us of a breach by you of any provision in these Terms will not operate as a waiver of any subsequent breach. Any waiver by us will not be effective unless and until it is in written form and signed by us.

Severability

Each provision in these Terms will be treated as separate and independent of the other provisions. Accordingly, if a court with competent jurisdiction declares a provision unenforceable, then the provision will be limited to the minimum extent necessary so that it remains enforceable. If such amendment is not possible, then the unenforceable provision will be deemed removed from these Terms, but the remaining provisions will remain in full force.

Assignment

You may not assign your rights or obligations in these Terms, or any policies referenced in these Terms, without our prior written consent. Any attempted assignment by you will be null and void. We may assign our rights and obligations in these Terms at any time, for any reason, with or without notice to you.

Power to Amend These Terms

We may amend these Terms any time, for any reason, with or without notice to you. Your continued use of the Services after the amended Terms are posted on the Services will constitute your acknowledgment and agreement to the amended Terms. However, to the extent the amended Terms materially alter your rights or obligations in these Terms, the amended Terms will become effective upon the earlier of (a) your continued use of the Services with actual knowledge of the amended Terms, or (b) 30 days after the amended Terms are posted on the Services.

Contact

Unless otherwise required by these Terms or by law, you may contact us at:

theprovitaminshop@gmail.com