PLEASE read these Terms and Conditions of Use carefully before using this website.
By using or placing an order with VitalertHealth.com online, via telephone, facsimile, or e-mail, or by using any other Website owned or operated by Certified Worldwide LLC (herein referred to as "CW WEBSITES", "CW", "we", "us", and "our"), you agree to be bound by these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please do not use the CW WEBSITES or contact CW via telephone, facsimile or e-mail to place an order. We reserve the right to change these Terms and Conditions of Use, in whole or in part, at any time with or without notice. You should always check these Terms and Conditions of Use prior to using the CW WEBSITES. Your continued use of the CW WEBSITES following the posting of changes to these Terms and Conditions of Use will mean you accept those changes.
IMPORTANT: PRIOR TO TAKING ANY OF THE PRODUCTS SOLD THROUGHOUT THE CW WEBSITES MAKE SURE THAT YOU FIRST CONSULT WITH YOUR PHYSICIAN. The products, information, and claims made pertaining to any specific product throughout and/or in connection to the CW WEBSITES are provided for informational purposes only and are not meant for diagnosing, treating, curing, or preventing a health problem or disease or prescribing any medication; nor are they meant to substitute for the advice from a physician and/or any other medical professional. You should carefully read all product labeling and packaging. You are solely responsible for verifying that all products received are not expired prior to usage and have been approved by your physician prior to use. We shall not be held responsible for any adverse reactions for products sold. If you receive any product with an expired date, CW will arrange for full exchange or credit and will provide a prepaid return shipping label for product return. THE PRODUCTS AND CLAIMS PERTAINING TO THE CW WEBSITES HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION.
The contents of the CW WEBSITES are copyrighted under United States copyright laws. Except as stated herein, none of the material on the CW WEBSITES may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. However, you may download material for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in any material included in or accessed through the CW WEBSITES and include any author attribution, copyright or trademark notice or restriction in any such material that you download. You may not use such downloaded material for any commercial purpose. Modification of the materials or use of the materials for any other purpose is a violation of CW's copyright and other proprietary rights.
"VitalertHealth.com" and the other CW trademarks, trade names, service marks and logos appearing in the CW Website are proprietary trademarks of Certified Worldwide LLC. The use of any of our trademarks or any other content on the CW WEBSITES, except as expressly provided in these Terms and Conditions of Use, is strictly prohibited.
CW may offer features such as bulletin boards or e-mail functions as part of the CW WEBSITES (referred to as "Interactive Medium"). You may not submit any material that is unlawful, harmful, harassing, threatening, abusive, hateful, libelous, defamatory, obscene, pornographic, profane, vulgar, indecent, sexually explicit or otherwise objectionable that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Please do not submit any material that is protected by copyright, patent, or other proprietary right without obtaining permission of the copyright or patent owner or rightholder.
The Interactive Medium shall not be used for any commercial purposes. You will not submit any material to solicit funds or to promote, advertise, or solicit the sale of any goods or services. You are expressly prohibited from soliciting other guests of the CW WEBSITES to become members of any commercial online service or other organization.
Any information or material submitted by you to the CW WEBSITES through the Interactive Medium will be deemed non-proprietary and non-confidential, and may be used by CW without restriction. Without limiting the foregoing, by offering any information or material through the CW Website (e.g., through chat, bulletin boards, e-mail, contests or otherwise), you grant to CW the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, edit, publish, make derivative works from and distribute such information or materials in any and all forms and media, now or hereafter discovered. Notwithstanding the foregoing, all personal data (e.g., name, address and telephone number) provided to CW will be handled in accordance with CW's Security and Privacy Statement.
We reserve the right, in our sole discretion, to edit any submission, and to choose to include or not include such submission in the Interactive Medium. The Interactive Medium includes the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other content expressed by third parties are those of such third parties and not of CW. CW does not endorse any such opinion, statement or other material posted on or accessible through the Interactive Medium.
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting products available in the United States and its territories and possessions. CW controls and operates this Website from its offices located in the State of California, United States of America. CW makes no representation that materials contained in this Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
THE CW WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CW MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE CW WEBSITES. ANY RELIANCE ON OR USE OF SUCH MATERIAL SHALL BE AT YOUR SOLE RISK. CW MAKES NO REPRESENTATION OR WARRANTY THAT THE CW WEBSITES WILL BE AVAILABLE ON A TIMELY BASIS OR WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CW WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Linking To or From other Sites
CW is not affiliated or associated with sponsors or producers of any third-party websites that hyperlink to or from the CW WEBSITES. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the CW WEBSITES from such third parties. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the CW WEBSITES, since these third-party sites are owned and operated by independent retailers. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party.
Limitation of Liability
IN NO EVENT SHALL CW BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE CW WEBSITES, EVEN IF CW OR A CW AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CW'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THIS SITE.
You will indemnify and hold CW, and its subsidiaries, affiliates, directors, officers, agents, contractors or other partners, and employees, harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of material or information you submit, post to or transmit through a Interactive Medium, your use of the CW WEBSITES, your connection to the CW WEBSITES, your violation of the Terms and Conditions of Use, or your violation of any rights of another.
These Terms and Conditions of Use shall be governed by the laws of the State California, without regard to its conflicts of laws principles. You agree that any lawsuit arising out of or relating to these Terms and Conditions of Use shall be filed only in the courts located in the County of Ventura, State of California and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such lawsuit. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
This Agreement shall commence upon your accessing the Service and/or completing the registration process. These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms and Conditions of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site. The provisions under the "Restrictions", "Linking To or From other Sites", "Indemnification", and "Miscellaneous" headings shall survive any termination of this Agreement.
CW may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Service, or by written communication delivered by first class U.S. mail to your address on record in CW's account information. You may give notice to CW at any time by letter delivered by certified first class postage prepaid U.S. mail or overnight courier to the following address:
Attn: Customer Service
Certified Worldwide LLC
PO Box 310
Moorpark, California 93020