Vital Plan Terms & Conditions

Vital Plan, Inc. is committed to supporting customers in their pursuit of health restoration and a happier, healthier life. That being said, because the world of herbal therapy is vast and complex, it is important that you read these Terms & Conditions carefully before using our website or purchasing our products and/or services.

By using this website, you agree to be bound by these Terms & Conditions. If you do not agree to be bound by these Terms & Conditions, please do not use our website, products, and/or services. If you are a minor, you may only use this website under the supervision of your parents or legal guardian.

You must read, agree with and accept all of the terms and conditions contained in this user agreement (“Agreement”), which include those terms and conditions expressly set out below and those incorporated by reference, before you may purchase through or use vitalplan.com. This Agreement constitutes the entire agreement of the parties. This agreement is entered into by the customer (hereinafter “Customer” or “You”) and Vital Plan, Inc. (hereinafter referred to as “Vital Plan, Inc.,” “We,” or “Us”).

Please note that we may amend these Terms & Conditions at any time, without prior notice, by posting the amended terms on our site. It is your responsibility to review these terms for any changes. This Agreement is effective as of April 20, 2015. Thank you. — Vital Plan, Inc.

Health Disclaimer

The products and the claims made about specific products on or through this website have not been evaluated by the United States Food and Drug Administration (FDA) and are not intended to diagnose, treat, cure or prevent disease. The information provided by Vital Plan through our website and/or product packaging is for informational purposes only and is not intended as a substitute for medical advice from a healthcare professional.

Please refer to the website and supplement bottles for warnings about individual supplements.

Do not use information from vitalplan.com to diagnose or treat any health problem or condition in place of any medication or other recommendations from a qualified healthcare professional. Even as you grow in your knowledge of natural and alternative therapies, always work with a qualified healthcare provider.

Consult your physician or other healthcare professional before taking or using any Vital Plan products if you have a medical condition or are taking ANY medications. There are certain serious conditions that require consistent blood levels of medications. Any change in diet can cause a change in your blood absorption, and an increase or decrease of the concentration of medicine in your blood as a result.

Women who are pregnant, planning to become pregnant, or breastfeeding should see a healthcare professional before starting an herbal regimen. Children under the age of 18 should also see a healthcare professional before starting an herbal regimen.

Intellectual Property

“Vital Plan,” and all logos, page headers, custom graphics and icons are trademarks and/or service marks owned by Vital Plan, Inc. Our website and email newsletters contain information, data, software, photographs, text, images, typefaces, and other material that are protected by copyrights, trademarks, or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future.

Limitation of Liability

Under no circumstances shall we or any other party involved in creating, producing, or distributing our website be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) any delay, failure, interruption or corruption of our website or any data or information transmitted in connection with the use of this website, (ii) personal injury or death caused by your use or misuse of our website, (iii) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from our website (iv) unauthorized access to or alteration of your transmissions or data, (v) statements or conduct of any third party on our website, or (vi) any other matter relating to our website. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through our website. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law. Our liability, and the liability of our subsidiaries, employees, contractors, suppliers, and manufacturers, to you or any third parties, in any circumstance, is limited to the amount paid by you for any product, information or service purchased by you from us through our website.

Indemnification

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, providers, merchants, sponsors, licensors and affiliates from and against all claims, actions, demands, judgments, losses, and liabilities (including, without limitation, costs, expenses and attorneys’ fees) by you or any third-party resulting or arising, directly or indirectly, out of content you submit, post to or transmit through our website, your use of our website, your connection to our website, your violation of these Terms & Conditions, or your violation of any rights of another person.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our website, goods and/or services.

Arbitration

Any legal controversy or legal claim arising out of or relating to this agreement or our goods and/or services, excluding legal action taken by Vital Plan, Inc. to collect our fees and/or recover damages for, or to obtain an injunction relating to, Vital Plan, Inc. website operations and intellectual property, shall be settled by binding single-arbitrator arbitration in accordance with the Commercial Arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Raleigh, North Carolina and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Vital Plan, Inc. may seek any interim or preliminary relief from a court of competent jurisdiction in Raleigh, North Carolina necessary to protect the rights or property of Vital Plan, Inc., pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to one thousand ($1000.00) dollars. Parties agree that the Federal Arbitration Act, the United Nations Convention for the Enforcement of Commercial Arbitration Awards, and all other applicable laws and conventions apply to this agreement.

Other

This Agreement contains the entire agreement of the parties. This written agreement supersedes any and all oral negotiations and/or representations of the parties hereto made in relation to this transaction. This agreement neither confers nor creates any rights or responsibilities not specifically enumerated herein. This Agreement shall be subject to and governed by the laws of the State of North Carolina, with the exception of its conflict of laws provisions. Any waiver or forbearance by Vital Plan, Inc. of any breach (by Customer) of any provision of this Agreement shall not be construed as a waiver of any subsequent breach by Customer. This Agreement shall be binding upon the parties and their executors, administrators, successors, and assigns. If any provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity, or unenforceability will not affect any other provision hereof. Such provision and the remainder of this Agreement shall, in such circumstances, be deemed modified to the extent necessary to render the remaining provisions enforceable.

Customer Privacy

Vital Plan, Inc. is the sole owner of the information collected on this website. We will not sell, share or rent this information to other entities. Our website is designed with numerous precautions to protect usersʼ information. Sensitive information (such as a credit card account number) is protected by 128-bit Secure Socket Layer (SSL) encryption. In addition, access to users’ information is restricted within our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. All employees are kept up-to-date on our security and privacy practices. The servers on which we store personally identifiable information are kept in a secure environment.

Customer Support is available Monday-Friday, 9:00am to 6:00pm (EST).
Call us at 800-951-2414 or email [email protected].

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