Terms and Conditions of Use
Conditions of Use
Last updated: December 11, 2012
Welcome to DrVita.com. DrVita, Inc. and/or its affiliates ("DrVita") provide website features to you subject to the following conditions. If you visit or shop at DrVita.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future DrVita service or business (e.g., Your Profile, Gift Cards, community, etc.) you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
Please review our Privacy Notice, which also governs your visit to DrVita.com, to understand our practices.
When you visit DrVita.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of DrVita or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of DrVita and protected by U.S. and international copyright laws. All software used on this site is the property of DrVita or its software suppliers and protected by United States and international copyright law. In addition, DrVita.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of DrVita in the U.S. and/or other countries. DrVita's trademarks and trade dress may not be used in connection with any product or service that is not DrVita's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits DrVita. All other trademarks not owned by DrVita that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DrVita.
LICENSE AND SITE ACCESS
DrVita grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of DrVita. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site 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. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DrVita. 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 DrVita without express written consent. You may not use any Meta tags or any other "hidden text" utilizing DrVita's name or trademarks without the express written consent of DrVita. Any unauthorized use terminates the permission or license granted by DrVita. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of DrVita.com so long as the link does not portray DrVita, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any DrVita logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. DrVita does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use DrVita.com only with involvement of a parent or guardian. DrVita does not condone the practice of online third party reselling of products purchased from DrVita.com. DrVita reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. DrVita reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant DrVita a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant DrVita and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify DrVita for all claims resulting from content you supply. DrVita has the right but not the obligation to monitor and edit or remove any activity or content. DrVita takes no responsibility and assumes no liability for any content posted by you or any third party.
DrVita respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from DrVita are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
DrVita does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, DrVita does not take title to the refunded item. For more information about our returns and refunds, please visit our Returns Policy.
DrVita attempts to be as accurate as possible. However, DrVita does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by DrVita itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent an “open-stock” price, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by DrVita, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by DrVita. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY DRVITA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DRVITA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DRVITA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DRVITA DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM DRVITA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DRVITA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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 ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your visit to DrVita.com or to products or services sold or distributed by DrVita or through DrVita.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to DrVita, Inc, 6980 W. Warm Springs Rd, Suite 100, Las Vegas, NV 89113. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You must pay the fees required for arbitration but if you win DrVita will reimburse those fees plus any attorney’s fees up to a maximum of $5,000. If you lose you must pay DrVita’s attorney’s fee at a maximum of $5,000. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Clark County, NV. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By visiting DrVita.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Nevada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and DrVita.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
consumer rights and arbitration agreement
THIS CONSUMER RIGHTS AND ARBITRATION AGREEMENT SETS FORTH YOUR RIGHTS AS A CONSUMER AND AFFECTS YOUR LEGAL RIGHTS AND REMEDIES BY PROVIDING THAT DISPUTES BETWEEN YOU AND THE SELLER OF THIS PRODUCT (“DR. VITA”) MUST BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN A COURT. PLEASE READ THIS AGREEMENT CAREFULLY. YOU ACCEPT THE TERMS OF THIS AGREEMENT BY RETAINING THE PRODUCT(S) PURCHASED IN CONNECTION WITH THIS AGREEMENT (THE “PRODUCT”) FOR MORE THAN FOURTEEN (14) DAYS AFTER RECEIPT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY RETURN THE PRODUCT TO PLACE OF PURCHASE WITHIN FOURTEEN (14) DAYS OF RECEIPT AT NO COST TO YOU.
1. Resolution of Claims or Disputes. Any claim or dispute between you and DrVita (or any of DrVita’s subsidiaries or affiliates) arising out of or relating in any way to the Product or this Agreement shall be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Both you and DrVita specifically acknowledge and agree that you waive your right to bring a lawsuit based on such claims or disputes and to have such lawsuit resolved by a judge or jury.
2. Limitation of Legal Remedies. All arbitrations under this Agreement shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person.
3. Arbitration Procedures.
(a) Before commencing any arbitration proceedings under this Agreement, you must first present the claim or dispute to DrVita by calling 800-211-4188 and asking for the Legal Department and allowing DrVita the opportunity to resolve the claim or dispute. If your claim or dispute is not resolved within sixty (60) days, you may commence arbitration proceedings in accordance with the terms of this Agreement.
(b) The arbitration of any claim or dispute under this Agreement shall be conducted pursuant to the American Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its website at www.adr.org.
(c) The arbitration of any claim or dispute under this Agreement shall be conducted in Las Vegas, Nevada.
(d) All administrative expenses of arbitration proceedings commenced under this Agreement shall be divided equally between you and DrVita, except that:
(i) if the claim or dispute that is the subject of the arbitration proceedings is less than Ten Thousand Dollars (US$10,000), you will be responsible for no more than One Hundred Twenty-Five Dollars (US$125) in administrative expenses;
(ii) if the claim or dispute that is the subject of the arbitration proceedings is more than Ten Thousand Dollars (US$10,000) but less than Seventy-Five Thousand Dollars (US$75,000), you will be responsible for no more than Three Hundred Seventy-Five Dollars (US$375) in administrative expenses; and
(iii) if the claim or dispute that is the subject of the arbitration proceeding is more than Seventy-Five Thousand Dollars (US$75,000), then you will be responsible for administrative expenses in accordance with the Commercial Fee Schedule provided by the AAA.
You acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts and witnesses.
4. Choice of Law. This Agreement shall be governed by the United States Federal Arbitration Act of the laws of the state of Nevada.
5. Severability. If any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide DrVita the written information specified below. Please note that this procedure is used exclusively for notifying DrVita that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed upon
- A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable
- Your address, telephone number, and e-mail address
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
6980 W. Warm Springs Rd.
Las Vegas, NV 89113