VITASPIN TERMS AND CONDITIONS
Latest Version Posted: May 14, 2019
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND VITASPIN WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
- CUSTOMER TERMS & CONDITIONS
- Return/Refund Policy (30 Day Money Back Guarantee)
If for any reason you are unhappy with RevGenetics brand capsule products, you may return it for a full refund (less shipping and handling). Just send us the opened package, along with all of the remaining unopened packages from that order, and we’ll issue you a refund. All others of the same product must be in a factory sealed container for a refund. You are covered by this unconditional refund of RevGenetics brand products for a full 30 days from the date of delivery. Our return and refund policy apply to all RevGenetics brand capsule products. However, there are the following exceptions: We do not guarantee, refund or cover International Orders, products delivered in recurring orders, loose or bulk powder products, inert gas, creams or other products not mentioned where the RevGenetics website product page states that the product cannot be returned or refunded. These exceptions simply cannot be returned or refunded at this time.
Refunds will be provided back to the credit card used to purchase the product whenever possible, you also agree to accept the refund to be done through PayPal or Check, or another method we decide to use if a refund to your credit card is not possible or isn't allowed by our merchant system. If you choose a refund by bank wire, you agree that refunds that use bank wires are subject to a wire charge of $40 and agree that this amount will be discounted from any refund made through a wire. We will mostly suggest using PayPal if your credit card cannot be refunded.
Please email or call our Customer Service Department at firstname.lastname@example.org or the RevGenetics number 1-888-738-4363 within 30 days of the date of delivery to receive authorization and return instructions.
Please remember that recurring orders are strictly for customers that have already tried and enjoyed our products and simply want them at a better price and/or to save on shipping costs using an easy month-to-month recurring order. Please see our recurring orders policy regarding this special class of products. If you are trying our products for the first time, please select our single purchase capsule products, as many qualify for our 30 day money back guarantee. After making sure that our products are the best ones for you, you can then save money by simply choosing our recurring products.
- How to Send Back Products
When sending back products, it is the customer’s responsibility to return the products to the correct address in new condition and the original packaging. For this reason, we strongly suggest that you obtain a tracking number for the returning item(s) and purchase shipping insurance. Please forward tracking information to Customer Service to assist in processing your return. Once we receive the return, inspect it, and determine it to be in acceptable condition, we will issue a credit in the original form of payment.
If the product we receive does not qualify for a return or is received in a condition, which we deem unacceptable, we reserve the right to deny your return.
Upon receipt of the said item, we will either refuse it or contact you by email to notify you that the item was received damaged or used. If the item was received damaged you may file a claim with your shipping company. If the item is received used you may choose to have the item disposed of or have the item returned to you at your expense. Damaged or used items will be retained in our warehouse for a maximum of 30 business days unless otherwise requested by the customer in writing before disposal. After 30 business days, the item will be disposed of or donated.
- Privacy and Use of Information
- Determining Identity with Customer Support
When contacting VitaSpin support by phone or email regarding orders over $75, we may sometimes require a copy of your driver’s license, passport, or federally issued identification. We simply want to verify this information when discussing expensive orders to avoid fraud. You simply agree that you will supply the document if customer support asks for it, to confirm your identity regarding any discussion. Please fax any requested document to 866-430-3953 or email a scanned copy to our support email: Orders@VitaSpin.com
- Shipping Policy and Damage
We reserve the right to substitute shipping carriers as necessary to help maintain quality service unless FedEx is selected. If a shipment is re-routed, or misrouted by a carrier, it is up to the shipping carrier to fix the error and route your shipment properly. We are not responsible for delays, product issues or loss regarding shipping carrier errors. If your product is lost (which is very rare, but it does happen) and the shipping carrier does not mark it as lost, we simply cannot provide a replacement. Usually, this happens with USPS, so we advise you to talk to your postal carrier, as many times they can resolve it easily. For shipments we can refund (due to it being lost in transit), we have a limit of 120 days from the order date, for you to report it. You agree that we do not provide refunds due to a lost shipment after 120 days. After you report a lost shipment, it can take 20 days to process a refund for US customers and 40 days for international customers. If you need a package immediately and cannot wait 20-40 days, please order a second package through our website, so that we can ship out a new package quickly while waiting for a refund of the lost package. The second package will incur an additional charge, but as soon as the refund is processed, the money for the first package that was lost will be returned.
If the product arrives damaged or with an incorrect amount of products, please contact our Customer Service Department via our email, Orders@VitaSpin.com, within 48 hours. Immediately take pictures of the package and product you did receive, this is a requirement to process any action regarding the issue. DO NOT DISPOSE OF ANY DAMAGED PRODUCTS OR PACKAGING until you contact Customer Service for instructions, as we may require the return of the damaged goods and packaging. You must contact us within seven days from the date of delivery to report damaged, missing or defective merchandise. After the seven-day period or without pictures, the product cannot be reported as with a physical issue and/or returned for exchange or refund. When returning a product, please use insurance with your products if you are unsure of the delivery date, address, or any other circumstances that may lead to a loss.
Because most customers are not directly available when deliveries are made to their homes or businesses, we send most packages without signature confirmation. Because of this, you waive your right for a customer signed "Proof of Delivery" to a verified or unverified address in any merchant chargeback dispute. If you require signed proof of delivery, you must choose FedEx as the shipping carrier when ordering on the website or by phone. All FedEx packages require a direct signature from the customer. You accept the standard “no signature required" proof of delivery provided by other carriers as the final determination as to whether you received the product. Carrier's proof of delivery constitutes acceptance of free and clear delivery to the customer.
- Free Shipping Policy
Free shipping does not apply to international orders, only to orders shipped to our customers within the USA. Free shipping is only available for certain products, and combining a free shipping product with a non-free shipping product will incur shipping charges. Please order free shipping items separately from non-free shipping items, to assure the best pricing on our system. We reserve the right to select the specific carriers used for the free shipping service, however, if you require signature confirmation, please select FedEx carrier instead of our free shipping service, as mentioned in our regular shipping policies. Returned items that were originally sent using free shipping will be charged a 10% restocking fee with a minimum charge of $5.50.
- International Orders And Shipping Policy
You understand that VitaSpin may display estimates of prices of our products in other currencies and that these estimates may not be true or accurate but serve only to provide an idea of what the price may be in other currencies. You understand that all non-cryptocurrency transactions will be accepted only in US Dollars (USD) and that the customer is solely responsible for any international transaction fees, foreign transaction fees, currency conversion fees, and any differences between currencies from one transaction to the next. If the price of a currency is volatile, customer understands that any refunds approved by VitaSpin are only in US Dollars (USD), and the customer accepts the conversion value of USD at the time of a finalized credit or debit transaction along with any conversion, foreign or transaction fees that their institution, credit card or bank charges them as part of a transaction. You agree that VitaSpin will never refund more than what VitaSpin was originally paid, for a service or product, in US Dollars.
Emails are required for international orders. We will not send an international order without the correct email, address and contact phone number. First Class International shipping method is delivered through the postal services. First Class International shipping has no electronic tracking information. This method takes 1-2 weeks for delivery to Canada and Europe, and 2-3 weeks to Asia and the Pacific. Although it is a low price, we cannot guarantee delivery or provide refunds when this shipping method is selected. We only offer it for your convenience if you find it to be a safe and reliable shipping method through your countries postal services. Because of this, you understand that you waive the right for a customer signed Proof of Delivery to a verified or unverified address in any merchant chargeback dispute. You accept our shipment notification email with the delivery number as proof of delivery and the final determination as to whether customer received the product. Our shipment email with delivery number constitutes acceptance of free and clear delivery to the customer. The delivery number is not a tracking number. The U.S. Postal Service will be electronically notified by us to expect the package with your delivery number, but will not provide any further updates on their website, as no tracking is available. We do offer other shipping methods that have tracking available. Please choose another shipping method if package tracking is important to you. Tracking numbers are not provided automatically if you need one please email us and request it 3-4 days after you order online.
Taxes, Customs, and Duties are to be paid by you for all international orders. Any shipment that is held by customs for nonpayment of import duties and taxes and is subsequently returned by the carrier because of rejection of delivery by the customer results in an unauthorized return and the order is nonrefundable. So please consider international taxes and duties before ordering.
If your order is returned to us due to restricted or banned products, a non-compliant food designation, an incorrect address, you could not communicate with customs, could not provide customs the proper paperwork they required on time, or because no one was there to accept delivery of your order, we will provide no refund. Please contact us within 30 days if this has happened to arrange for delivery to another address or to attempt the delivery once more for an additional shipping fee. Returned packages that are not redelivered will be held at our office and be discarded after 30 days.
If we send a package to your former address where you once had us deliver packages previously (this is extremely rare), you agree to help us get this package back by providing any information of the person to whom we have delivered the package to or simply visit the old address and ask for the package. Most of the time they will be happy to give it to you.
If you are a first-time international customer, and order more than $81 we may ask you to fax us or email us additional information for your protection, such as a "selfy" with your ID or relevant statements as mentioned below. We simply want to make sure no one is using your information without your knowledge. If this is necessary, we will email you the request for information. We will ask you for the front page of your monthly credit card statement or bill, or a copy of the front and back of your credit card along with a utility bill (water, electricity, or gas) that shows your shipping address. If you send us a copy of the statement, all we will need from it is your credit card company's logo and address, your name and address, and the last 4 digits of your card. We do not need any purchase history from this document. Your privacy is secured, and we will not use your information for any other purpose, except to verify and protect your transaction. Our fax is (001.866.430.3953) and our email is orders@VitaSpin.com. If you already have shopped with us once, you will not need to provide this information again.
- Recurring Orders (Recurring Transactions) Policy
A “recurring order” is defined as an order where the customer chooses to buy a product that has the word “recurring” in the product order description. This word is also part of the description within the invoice for the product ordered. The customer understands that by selecting this type of product that the customer accepts and authorizes us to ship ordered products at least twice within a six (6) month period after the order was placed. Products placed as recurring order products are not refundable and not covered by our 30-day money back guarantee.
By selecting a recurring order, you have the benefit of keeping the current price even if prices go up in the future for everyone else. You will also be sent the products before anyone else, and if our stock is low, our recurring order customers who have had more than one shipment will take priority over customers who have made a one-time purchase. You can also change a shipment from once a month to once every two months, or if you need to skip a month when you go on vacation, simply email us at any time at Orders@VitaSpin.com for order related changes.
- Recurring Order Changes And Cancellation
When making a change or cancellation, give us three business days after receiving your email to complete the change. If going on vacation, please make sure you notify us ahead of time. Remember we cannot refund recurring orders; we can only stop future deliveries.
We ask you to email us three business days in advance to make any changes in the delivery dates of these products. The email for changes or cancellations is Orders@VitaSpin.com. We cannot cancel or change product delivery dates without being notified three business days in advance. We may also have a new interface on our website so that you can stop your recurring orders, email us to see if it is available.
At times we may run out of stock on a particular recurring product. In that situation you allow us to delay your delivery until we again have it in stock, or a viable substitution is agreed upon. Delayed deliveries will commence as soon as stock is available. For the stock that is discontinued, you agree that we will not have or be able to continue shipping you the product, and VitaSpin can cancel your order.
If you cancel a recurring order before you receive the minimum amount of products to meet the definition mentioned above, we will assume you did not mean to order the recurring subscription product or ordered it by mistake. We will then correct the order and charge a shipping fee of $5.50 or our actual shipping and handling costs, whatever is greater per delivered recurring order along with any difference in product pricing between the recurring subscription product price and the simple single purchase product price. By purchasing from VitaSpin, you agree to allow us to correct order mistakes by refunding or charging your card, account, or form of payment at any time after an order was placed to correct, charged incorrectly or found to be in error. For international accounts that are refunded or charged, you accept all exchange rates at the time of when the actual correction takes place.
- Delayed Orders and Authorized Charges
At times we may have a delay in shipments, shipping charges, or charging of your order due to a back order of stock, safety testing of material, or a technical issue that may occur. Because of delays or mistakes regarding authorizations, you agree to that we can properly authorize your credit card and charge it to resolve an issue as well as use a valid authorization number up to a maximum of 360 days past the order date. You agree to allow us to use any payment type on file to help provide you uninterrupted recurring service or to settle the placement of a delayed order that may have fallen through the cracks, as well as knowing that we can provide and report information to the credit bureaus to settle a payment. If a chargeback occurs, a check is bounced, or if any other method of payment fails, you have 30 days from the purchase date to settle the balance of your account. Accounts not paid within 30 days after the initial purchase date, will be subject to a 10% monthly finance charge or the maximum allowed by law. On the initial failure of payment, you agree that we will apply the following recovery fees to the amount owed: A VitaSpin recovery fee of $35 plus any additional merchant service fees as well as legal and collection fees we incur during our activities in our objective to satisfy the original payment. You agree that the new total amount owed will be that of the original amount shown, plus the recovery fees and any finance charges accrued.
Why the charges? We have had customers initiate chargebacks after ordering using first class shipping (which does not provide a signature confirmation). We then have to send these accounts to collections and notify the credit bureaus. This is quite expensive, and we have implemented a fee on chargebacks, bounced checks, as well as collection costs associated with an account to recover fraudulent orders. This helps us limit fraud, and keeps our costs low for our regular customers.
- Description of Services
We make various services available on this site including, but not limited to, the sale and distribution of nutritional supplements and vitamins. Fees for the various services are set out in the membership and service fees described elsewhere in this site. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access).
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have has no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
- Registration Data and Privacy
In order to access some of the services on this site, we may require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data") and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
- Payment of Fees
If you order a product that requires a payment of a fee, you agree to pay all fees associated with such service. For all charges for services on this site, we will bill your credit card. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within seven (7) days of the change.
If, for any reason, your credit card company refuses to pay the amount billed for the product, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.
You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
- No Medical Advice
WE DO NOT PROVIDE ANY MEDICAL ADVICE. VitaSpin LLC is a supplement company and is not engaged in rendering medical or professional advice or services. The information provided on our site is not intended to replace any medical advice offered by a healthcare provider. VitaSpin LLC recommends that you consult a physician or professional healthcare provider before using any products advertised on the site. YOU AGREE THAT ALL POSTS CONTENT AND INFORMATION ARE OPINIONS AND ARE COMPILED OR ARRIVED AT FROM SOURCES BELIEVED TO BE RELIABLE BUT NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IS MADE AS TO THEIR ACCURACY OR COMPLETENESS AND NO INFORMATION, OPINION OR FORECAST SHALL BE TAKEN AS A REPRESENTATION FOR WHICH VITASPIN LLC OR ITS AUTHORS OR ANY OF ITS EMPLOYEES OR ASSOCIATES ASSUME ANY RESPONSIBILITY. YOU AGREE THAT ALL INFORMATION IS “AS-IS” AND SHALL BE CONSIDERED A PERSONAL OPINION OF THE AUTHOR(S) OR VITASPIN LLC.
You agree that by upon your accessing the site by clicking any link, button, or other device provided to you in any part of the site’s interface and/or completing the registration or shopping process, you are in agreement to these terms and conditions and have electronically signed this agreement per the U.S. ESign Act of 2000. If you provide information that is not current, untrue, inaccurate, incomplete, or VitaSpin LLC has reasonable grounds to suspect that your information is not current, untrue or accurate, VitaSpin LLC has the right to terminate and suspend your access, in its sole discretion, as well as refuse any and all current or future use of the services (or any portion of these).
- Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any product or service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
(a) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
(b) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(c) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
(d) Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(e) Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
(f) Impersonates any person or entity, including any of our employees or representatives.Submit fake, falsified, misleading, or inappropriate data submissions, edits, or removals;
(g) Use, display, mirror, or frame the Services or any individual element within the site, VitaSpin name, any VitaSpin trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without VitaSpin, express written consent;
(h) Access, tamper with, or use non-public areas of the Services, VitaSpin computer systems, or the technical delivery systems of VitaSpin providers;
(i) Attempt to probe, scan, or test the vulnerability of any VitaSpin system or network or breach any security or authentication measures;
(j) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by VitaSpin or any of VitaSpin providers or any other third party (including another user) to protect the Services or Content;
(k) Attempt to access or search the Services or Content, or download Content from the Services through the use of any technology or means other than those provided by VitaSpin or other generally available third-party web browsers (including, without limitation, automation software, bots, spiders, crawlers, data-mining tools, or hacks, tools, agents, engines, or devices of any kind);
(l) Extract, scrape, index, copy, or mirror the Services or Content or portions thereof (including but not limited to the VitaSpin database and other information about users or apps);
(m) Use any meta tags or other hidden text or metadata utilizing a VitaSpin trademark, logo, URL, or product name without VitaSpin express written consent;
(n) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-identifying information;
(o) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services or Content;
(p) Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(q) Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Services or VitaSpin infrastructure;
(r) Delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
(s) Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms, including but not limited to (a) gathering in App items or resources for sale outside the App, (b) performing services in the App in exchange for payment outside the App, or (c ) sell, resell, rent, or lease the App or your Account;
(t) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(u) Violate any applicable law or regulation; or
(v) Encourage or enable any other individual to do any of the preceding.
In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
- Intellectual Property Information
Copyright 2019 VitaSpin, LLC All Rights Reserved.
Neither we nor our affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party.
- User's Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed'
(b) Identification of the copyrighted work claimed to have been infringed;
(c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
(d) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
℅ Anthony Loera
8230 SW 164 Ct
Miami ,FL 33193
Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
- Warranty Disclaimer
ALL MATERIALS, PRODUCTS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE MATERIALS, PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, (b) THE MATERIALS, PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS, PRODUCTS AND SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY MATERIALS, PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS, PRODUCTS AND SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
- Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY, LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- Agreement to Arbitrate
You and VitaSpin and/or Anthony Loera agree that any dispute, claim, or controversy arising out of or relating to these Terms, our products, services or materials, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”) will be settled by binding arbitration. We reserve the right, however, to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, User Content, Personal License, Commercial License or other intellectual property rights (the action described in this statement is defined as “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action shall be the state and federal courts located in the Miami-Dade County of Florida, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Notwithstanding the above, the parties agree that each is waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and VitaSpin otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
If the paragraph above is held to be unenforceable, then the entirety of the rest of this section shall survive to the extent permitted by the applicable law.
- Arbitration Rules
Any controversy, claim or claim arising out of or relating to our products, this site, licensing, or the breach of any agreement, shall be settled by binding arbitration in accordance with the rules of net-ARB.com. The costs of arbitration shall be initially borne by the user and later apportioned by the arbitrator. The arbitrator's decision will be binding and may not be appealed. A judgment of a court having jurisdiction may be entered upon the arbitrator's award.
- Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration letter by email. The parties will then contact net-ARB.com to begin the arbitration process. If the parties are unable to agree upon initiating arbitration within seven (7) days of delivery of the Demand for Arbitration, then the net-ARB.com will appoint the arbitrator. If for any reason net-ARB.com refuses to hear the case, VitaSpin will select a new arbitration service within 90 days of the refusal, and proceed with arbitration.
- Arbitrator’s Decision
The arbitrator will render an award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The exclusive jurisdiction and venue of any arbitration action will be located in the Miami-Dade County of Florida, within the USA and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
- Failure To Appear For Arbitration
In the event of a dispute initiated by either party, you agree that your failure to appear at arbitration convened to resolve such dispute shall result in an automatic decision against you and in favor of VitaSpin for the full fee amount alleged in its Initial Dispute Statement submitted to you and any fees incurred for initiating the Arbitration.
- Limitation of action
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these terms, any agreement between us, or your use of this site, our products, materials or services must be brought consistent with the Agreement to Arbitrate section within one (1) year after such claim or cause of action arose or be forever barred. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision and any claims from VitaSpin must be filed within the statute of limitations after such claim or cause of action arose or be forever barred.
- Governing Law
This site (excluding any linked sites) is controlled by us from our offices within the State of Florida, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this site both of us agree that the statutes and laws of the State of Florida, without regard to the choice or conflict of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. In the event the Agreement to Arbitrate is held to be unenforceable, each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the District of Miami-Dade County and the United States District Court for the Southern District of Florida with respect to such matters.
- Entire Agreement
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
- Contact Information
If you have any additional questions or concerns about these terms and conditions, please feel free to contact us any time through this website or at VitaSpin, 8230 SW 164 CT, Miami FL 33193, USA
- Commercial Use License
Please note that anyone using any materials, products or services available on or through the site, or any person that commits an action stated in the list of prohibited uses in Section 13, or any person that uses any materials, products or services on this site (the “Work”) in a manner that exceeds the limitations of a Personal Use License described in Section 14 shall be defined as an “Affiliate” for the purposes of this Section II. Any Affiliate doing any of the foregoing hereby agrees that you are purchasing a revocable, non-exclusive, non-transferable, single-use license (a “Commercial Use License”) to view and access that Work, and to use one copy of the Work for commercial purposes.
Each Work and/or separate image of a Work is licensed separately, such that your commercial uses of multiple Works will require multiple Commercial Use Licenses, as well as separate images of the same Work, will require multiple Commercial Use Licenses, one license per image. Similarly, each use of a particular Work is also licensed separately, such that your multiple uses of a Work will require multiple Commercial Use Licenses. As an illustrative example, should you use two (2) images from this site by embedding the first image in three (3) pages on your own website, and the second image in two (2) pages on your website, you will have by doing so purchased a total of five (5) Commercial Use Licenses, each with its duration and fee, as herein described. As a second illustrative example, should you use two (2) images or screenshots taken of a single Work such as a video, you have will have by doing so purchased a total of two (2) Commercial Use Licenses, each with its duration and fee, as herein described. Should you perform one (1) probe or scan on our website (also called a Work) and the next day you impersonate two (2) people in a false manner that is detrimental to VitaSpin, you would have totaled three (3) Commercial Use licenses per these terms.
You acknowledge and agree that the initial term (the “Initial Term”) for a Commercial Use License shall commence on the date (the “First Use Date”) that you first used the subject Work beyond the scope of any Personal Use License granted to you, and shall continue until the one-year anniversary of the First Use Date. Upon expiration of the Initial Term, or any subsequent Renewal Term, this Agreement shall automatically renew for an additional one-year term (each a “Renewal Term”) unless you provide written notice to us of your intent not to renew at least sixty (60) days prior to expiration of the Initial Term or then-current Renewal Term, as applicable. Notwithstanding the preceding, any Commercial Use License shall at all times be subject to termination by the terms set forth elsewhere in these Terms. At any time any Commercial use that is not legal per local laws, regulations, the DMCA or found to be harmful in any way to VitaSpin will be considered a purchased Commercial License even after the license is immediately terminated. You agree to pay for such a license fee as part of its initial use and any late fees apart from any criminal legal recourse VitaSpin has against those violating federal and state laws.
For the first Commercial Use License purchased, you agree to pay to us by bank wire, no less than two (2) days prior to the First Use Date, and at least ten (10) business days prior to beginning of any Renewal Term thereafter, a license fee of Ten Thousand U.S. Dollars (US$10,000.00). With each additional Commercial Use License purchased after the first one, you agree to pay to us by bank wire, no less than two (2) days prior to the First Use Date, and at least ten (10) business days prior to beginning of any Renewal Term thereafter, a license fee of Ten Thousand U.S. Dollars (US$10,000.00). You acknowledge and agree that time is of the essence with respect to all license fee payments, and that in the event that you do not provide timely payment, you will be assessed and agree to pay a late fee of One Hundred And Fifty Thousand U.S. Dollars (US$150,000.00) after the first day past the First Use Date for which the license fee payment that is not timely received. Fees will not be prorated for the use of a Work that ends before the anniversary of its First Use Date, and you will not be entitled to receive a refund of any fee associated with your purchase of a Commercial Use License.
To provide payment of fees, you agree to contact the copyright holder by email using the following address: email@example.com. In your email, please specify the particular Work(s) to be licensed, including its/their URL(s) on this Website, and the particular use(s) to which you will put the Licensed Work(s), including URL(s) where the Work(s) will be located, where applicable. We will, in response to your email, provide you with wire instructions to be used when making all payments.
VitaSpin may terminate any Commercial Use License granted to you upon ten (10) days’ written notice.
By being accepted as an affiliate on the VitaSpin website you have been provided a temporary performance based commercial license which allows use of one copy of the Work (product image) for commercial purposes. This Work will be used for purposes of affiliate marketing along with a general description of the product, that you will re-write in your own words as you cannot use the exact copyrighted words used on the VitaSpin website. Performance based affiliate commercial license will be allowed based on sales of $1 US Dollar or more a month. Using more content or images than is allowed or having sales drop below $1 US Dollar per month can immediately cancel your commercial license. A canceled commercial license from an affiliate has 14 days to delete, take down, erase, cease and stop using all VitaSpin Works and content, this is called the cancellation period. After the 14 day cancelation period is over, the user is subject you to normal commercial license fees in section 18, if any commercial content remains. VitaSpin may terminate any Commercial Use License granted to you upon ten (10) days’ written notice for performance or the violation of VitaSpin or additional affiliate agreed to terms that an affiliate agreed to when signing up with us.
- Additional Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VITASPIN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRODUCTS, SERVICES OR CONTENT TO YOU WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR VITASPIN HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT WILL THE TOTAL LIABILITY OF VITASPIN ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED TWO HUNDRED DOLLARS ($200). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VITASPIN AND YOU.
- Arbitration for Commercial Use Licensing Disputes
You agree that VitaSpin may submit an Initial Dispute Statement to you separately for each Commercial Use License purchased within fifteen (15) years from the date of the first use in a manner that exceeds the limitations of a Personal Use License. You agree that VitaSpin may submit an Initial Dispute Statement to you separately for each issue not related to fee disputes within fifteen (15) years from the date of the first notice of the issue, either by electronic means or by certified mail or courier documenting and communicating the issue. You agree that the submission of the Initial Dispute Statement specifically for Commercial Use licensing disputes as previously described can be sent to you by any of the following means: email, fax, certified letter, courier, or through your ISP.
If a resolution of the described dispute is not reached within ten (10) days after submission of the Initial Dispute Statement VitaSpin may schedule arbitration within fifteen (15) years after submission of the Initial Dispute Statement, and provide written notice of the arbitration date and form via the same method as the submission of the Initial Dispute Statement. VitaSpin may schedule separate arbitrations for each dispute or Commercial Use License dispute and can choose to lower the amount of the payment fee(s) owed on each Commercial Use License purchased at its sole discretion.
- Permission to Act
You also agree that if content or products were provided to a third party or site that is not directly under your control, and that content that falls within the specification of a Commercial Use License or that the product is used in a legal manner, that you hereby appoint VitaSpin, Anthony Loera or one of his assigns as your true and lawful attorney, in fact, to act for you in your name, place, and stead, and on your behalf to do and perform the following: To contact the third party on your behalf to discuss, retract, negotiate, delete and/or erase such content or product related items as well as to provide us access to your information, whether we use your real name, an anonymous handle or name to describe your account or electronic content. As a result of the use and protection of any Commercial Use license, you agree to be liable to for legal damages, legal fees, arbitration fees, indirect damages, punitive, exemplary or consequential damages to VitaSpin, its authors, its officers, agents, and employees as a result of this clause. These may be calculated monthly by VitaSpin and submitted for arbitration. The easy way to avoid issues regarding content or products is to simply ask for permission first. We are very open to reviews of our products and sharing information, we simply need to make sure you receive permission from us first.
- Confidentiality release
As we are in the business of providing customers information about products, ingredients, and scientific achievements, you agree that VitaSpin is free and released to disclose publicly any confidential information of substantial commercial value to you or your companies, including, without limitation, trade secrets (within the meaning of the Uniform Trade Secrets Act), processes, production and distribution methods, equipment and systems, supply chain relationships, product specifications, samples, business plans, competitive data analysis, systems software, proprietary inventions and technology, technical "know-how" and improvements relating to your or its business and products, product ideas and concepts, inventions (whether patentable or not), improvements, copyrightable or patentable materials, schematics, and other technical, business, financial, marketing and product development plans, forecasts, strategies, and information ("Proprietary Information). You agree that this agreement supersedes any previous agreement or contract that you, the Companies you work for or represent and their Affiliates, including all of their employees, agents, officers, and directors have entered with VitaSpin or its individual representatives. You release VitaSpin from all liabilities regarding any disclosures and will indemnify VitaSpin. You agree that arbitration will be your only remedy for any dispute regarding this clause and that the limit of such remedies will be a combined maximum of $10 per year.
- Claims release
To allow us to be able to provide our customers with information on products we do not sell or have control over, you and the companies you represent releases VitaSpin LLC, Anthony Loera and VitaSpin from all claims, demands, and damages either it or either of the rights holders in copyright, trademark, trade dress, royalty or patent disputes against VitaSpin LLC, Anthony Loera or VitaSpin based on, arising from, or related to the manufacture, sale, marketing, comment or use of a product prior to the Effective Date of your acceptance of these terms. You agree that arbitration will be your only remedy for any dispute regarding this release and that the limit of such remedies will be a combined maximum of $10 per year for all the types of disputes described.
- User Content
Our customers demand information, products or services that are usually protected legally, so this clause is necessary to assure our customers we have the best consideration for them and their health. Upon any communication through an email, phone call, about content that is and is not copyrighted, trademarked, or patented (“User Content”) with VitaSpin, you grant to VitaSpin a non-exclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, to use in marketing, use in manufacturing, use in sale and distribute the user content discussed through any VitaSpin Services or new products.
You represent and warrant that you own all your User Content. You assure us that you have all rights that are necessary to grant us the license and rights to use your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by VitaSpin on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation either because it is public information or because you are the owner or authorized person to sign on behalf of the owner of the Intellectual property and through these terms grants us the use of the User Content as mentioned in the paragraph above.
- User Content Indemnification
You agree to hold harmless and the indemnification of VitaSpin LLC and Anthony Loera. You agree that should VitaSpin require a written Intellectual Property license for any state, federal or other disputes or resolutions, that this will serve as the interim license for such a need until you provide a license (or sublicense) for any User Content. The maximum license fee for a paper license provided by you as the User Content owner or authorized person to sign on behalf of the Intellectual Property owner will be One Dollar ($1). Both the interim license and the paper license grants all the rights mentioned in the “User Content” section. FURTHERMORE YOU UNDERSTAND AND ACKNOWLEDGES THAT THIS HOLD HARMLESS AND INDEMNIFICATION CLAUSE REQUIRES THAT YOU INDEMNIFY VITASPIN LLC, VITASPIN, ITS AUTHORS, ITS OFFICERS, AGENTS, AND EMPLOYEES BE INDEMNIFIED AND HELD HARMLESS FOR ANY AND ALL LIABILITY, CLAIMS, COSTS, SUITS, CAUSES OF ACTION, JUDGMENTS OR DAMAGES SUSTAINED BY VITASPIN, ITS AUTHORS OR ANY OTHER PERSON OR PERSONS FOR BODILY INJURY AND FOR INJURY TO OR LOSS OF PROPERTY RESULTING FROM, CAUSED BY OR ARISING OUT OF THE CONDUCT OF THE THIRD PARTY ORGANIZATION, MANUFACTURING, USE, INCLUDING AND NOT LIMITED TO THE ISSUES ARISING FROM THE HOLDERS OF THE COPYRIGHT, TRADEMARK, OR PATENTS THAT ARE LICENSED PER THIS CLAUSE. YOU AGREE THAT ARBITRATION WILL BE YOUR ONLY REMEDY FOR ANY DISPUTE REGARDING THIS RELEASE AND THAT THE LIMIT OF SUCH REMEDIES TO YOUR FAVOR WILL BE A COMBINED MAXIMUM OF $200 PER YEAR FOR ALL THE TYPES OF DISPUTES DESCRIBED.
- Special Power of Attorney
You hereby grant to VitaSpin’ designated attorney or accountant special power of attorney to affix your legal name on any legal document related to a refund, claim or disbursement. It is further understood and agreed that, if after any arbitration, settlement or judgment, if you are unavailable for any reason, VitaSpin’ attorney or accountant is authorized to endorse your name to any check, draft, release or any other document relating to the recovery, make proper disbursement and to deposit the net recovery in a VitaSpin account or a designated Attorney trust account to be turned over to client when client is available.
- VitaSpin Rights
VitaSpin failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of VitaSpin. Except as expressly outlined in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
- Research Material Products
By using or opening any of the products that we have labeled as "Research Material" or that you or your company, agents or assigns may use for scientific purposes, you agree that VitaSpin will be named as co-inventor in any patent or as the supplier of the material in any published study after the date of purchase of the research material. You agree that arbitration will be your only remedy for any dispute regarding this clause and that the limit of such remedies will be a combined maximum of $10 per year.
- Existing Patents
By using or opening any of the products that we have labeled as "Research Material," or that you or your company, agents or assigns will use for scientific purposes, you agree that VitaSpin will be named as co-inventor in any existing patent that is modified or extended in any manner through the use of VitaSpin products or material. In addition, if you or your company, agents or assigns have licensed a patent or own an existing patent related to our research material or products, you and your company, agents or assigns fully agree to grant VitaSpin an irrevocable license or sub-license, free of charge, for the full use and duration of your licensed or owned patent upon the purchase of our "Research Material" as part of the material payment. You agree that arbitration will be your only remedy for any dispute regarding this clause and that the limit of such remedies will be a combined maximum of $10 per year.
- Electronic signature
By using our Services, you agree to this agreement and that your name, email, IP or any electronic designation or identification or a combination thereof provided to our Services, serves as the proper executed signed agreement per the US Esigns Act of 2000.
- Contact Information
If you have any additional questions or concerns about these terms and conditions, please feel free to contact us any time through this website or at VitaSpin, 8230 SW 164 CT, Miami FL 33193, USA