By using the Site, Making Purchase, Sharing Products, participating in the Reviews Program, Social Media Discuss, or disclosing to us any personal information: you agree that you have read and understand the terms of this Agreement, you accept and agree to be bound by the terms of this Agreement, and you accept and agree to abide by all laws and regulations applicable to the subject matter of this Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS WEBSITE OR OTHERWISE USE THE SITE.
The following ("Terms of Service Agreement") are terms of a legal agreement between you and FmVitamin.com, ("FmVitamin"). By using this site ("Site"), browsing or accessing you acknowledge that you have read, fully understood, and agree to be bound by these terms and to obey with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms and conditions, do not use this Site.
The materials provided on this Site are protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is operated and controlled by FmVitamin from its offices within the United States. FmVitamin makes no representation that materials in the Site (“FmVitamin”) are available or appropriate for use in other locations, and access to them from areas/ territories where their contents are illegal and/or prohibited. Those who choose to use or access this Site ("FmVitamin") from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site ("FmVitamin") and the materials contained “herein” is governed by the laws of the State of California.
NOT HEALTHCARE ADVISE, YOU SHOULD ALWAYS CONSULT WITH A LICENSED DOCTOR OR HEALTHCARE PROFESSIONAL PRIOR TAKING ANY HOMEOPATHIC, NUTRITIONAL, HERBAL OR DIETARY SUPPLEMENT.
FmVitamin does not warrant and shall have no liability for information provided in this site regarding recommendations concerning supplements for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare professional. The claims made about specific or products or nutrients have not been evaluated by the Food and Drug Administration. Dietary supplements are not intended to diagnose, treat, cure or prevent disease. Please consult with a healthcare doctor or professional before starting any diet, exercise or supplementation program. FmVitamin makes no warranty or guarantee, express or implied, with respect to any products or services sold, including any warranty of merchantability or fitness for a particular purpose or intention.
All information are compiled from varieties of sources ("Information Providers"). Neither FmVitamin, nor any Information Provider shall be responsible for information provided herein under any theory of liability or indemnity. Liability of FmVitamin or Information Providers, if any, for damages (including, without limitation, liability arising out of negligence, strict liability, contract, patent or tort or copyright infringement) shall not exceed the fees paid by the user for the particular information or service provided. In no event shall FmVitamin or any Information Provider be liable for any damages other than the amount referred to above, and all other damages, direct or indirect, special, incidental, punitive or consequential, are hereby excluded even if FmVitamin or Information Provider has been advised of the possibility of such damages and claims.
Information accessed through this online site is provided "AS IS" and without warranty, implied or express. All suggested warranties of merchantability and fitness for a particular use or purpose are hereby excluded. FmVitamin and Information Providers make no warranty as to the reliability, accuracy, usefulness, timeliness or completeness of the information. FmVitamin and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. FmVitamin is not responsible for updating information contained here, which may be rendered obsolete based upon subsequent medical developments.
The information contained in this online site (the "Service") is presented in summary form only and intended to provide broad consumer understanding and knowledge of health care topics. The information should not be considered complete and should not be used in place of a visit, consultation, call, or advice of your physician or other health care provider. The Service does not recommend the self-management of health problems. Information obtained by using the Service is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care-related questions, please call or see your physician or other health care provider immediately. You should never disregard medical advice or delay in seeking it because of something you have read here. If you are under medical care or taking prescriptions, you should consult with your physician or doctor as to the influence of FmVitamin products on your health.
The Service is an online information and communications service provided by FmVitamin, subject to your agreement with the terms and conditions set forth below, including all exhibits hereto and the other information which is available in the registration process and on the Service ("Information") and incorporated by reference in this Agreement. This Agreement consists of the Disclaimer set forth above and the terms and conditions set forth below, including all exhibits hereto and the Information.
ATTENTION: YOU SHOULD READ THIS AGREEMENT CAREFULLY BEFORE USING OR ACCESSING THE SERVICE. BY USING OR ACCESSING THE SERVICE, YOU ARE BOUND TO AGREE BY THE TERMS AND CONDITIONS SET FORTH BELOW AND THE DISCLAIMER AND CONTRACT TERMS SET FORTH ABOVE. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS AND DISCLAIMER, YOU MAY NOT ACCESS OR USE THE SERVICE. FMVITAMIN RESERVE THE RIGHT TO MODIFY THIS AGREEMENT WITHOUT NOTICE, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED USE OR ACCESS OF THE SERVICES SHALL BE CONSIDERED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Business Licenses, Website Design, Copyright, and other Proprietary Designs
By this Agreement, FmVitamin acknowledges to you, subject to the terms of this Agreement, a non-exclusive and non-transferable license to use for your personal usage only any documentation and software, in conjunction with all modifications, enhancements, fixes, and updates thereto, which are fully owned by FmVitamin and/or its Licensors. FmVitamin has no responsibility to change or update any of the preceding.
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You must provide at your own cost all equipment and services required to access this Site.
You accept that you are 18 years old or older and will not: violate any state, federal, local, and international laws and regulations, transfer any material that is unlawful, threatening, disruptive, abusive, irreverent, or otherwise offensive, transfer any unauthorized or unsolicited broadcast materials, advertisement, "spam mail," "junk," "pyramid schemes" "chain letters," or any other form of submitted solicitation.
FmVitamin is not liable for the Postings, comments and ideas documented and reserves the right to delete, prohibit, restrict, block, suspend, monitor, destroy, or discontinue your access to any Social Media Site, at any time, without further notice and for any reason and in its sole circumspection.
Termination of Usage and Site Usage
This Agreement will begin upon your usage and accessing the Service and/or finishing the sign up or registration process. This Agreement may be bringing to an end or terminated by FmVitamin without further notice at any time for any kind of reasons and may be terminated by you upon notify to FmVitamin at any time for any kind of reasons. From there including Usage Restrictions, Indemnification, License, Copyright and Any ideas of proposing Miscellaneous and Third-Party Rights will remain valid to any termination of this Agreement.
You agree to indemnify, defend and hold harmless FmVitamin Parties against all demands, claims, losses, expenses, damages, causes of action, and penalties costs, including any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the Site, any activity related to your account by you or any other individual, any material that you post on, submit to, or share through the Site, your violation of this Agreement, your infraction or copyright infringement of any rights of another, or termination of your use to the Site.
No Statements Regarding of Product Claims:
You represent and warrant that you will not make any statements and/or product claims not approved by the United States Food and Drug Administration. If you are unsure about the answer about a product or service, refer others to the manufacturer directly.
THE REWARDS PROGRAM IS BEING PROVIDED TO YOU "AS IS", WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITIONS. WE EXCLUDE ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH OTHERWISE MIGHT BE IMPLIED OR INCORPORATED INTO THIS AGREEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS INCLUDES BUT IS NOT LIMITED TO IMPLIED WARRANTIES AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
This Agreement constitutes the only Agreement between us (FmVitamin.com) and you with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remainder of this Agreement will remain in force. When used in this Agreement, the term "including" will be deemed to be followed by the words "without limitation".
Applicable Law: Jurisdiction: Dispute Resolution and Class Waiver
All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed in accordance with the domestic laws of the State of California, without giving effect to any choice of law or conflict of a law.
To the fullest extent permitted by law, you and FmVitamin.com Entities agree to arbitrate any controversy, claim or dispute arising out of or in any way related to this Agreement.
This Agreement shall be ruled by and interpreted in accordance with the laws of the State of California. You accept that any legal action or proceeding in between FmVitamin and you for any motive concerning this Agreement or the parties’ obligations hereunder shall be brought restrictively in a court of competent jurisdiction sitting in Los Angeles County, California. You hereby waive your right to a jury trial in any action with respect to the subject matter of this Agreement. Any cause of claim or action you may have with respect to the Service must be began within one “1” year after the claim or cause of action emerges. FmVitamin’s failure to enforce or insist upon strict performance of any provision of this Agreement shall not be interpreted as a waiver of any right or provision. Neither the course of conduct in between the trade practice nor parties shall act to change any provision of this Agreement. FmVitamin may designate its duties and rights under this Agreement to any party at any time without further notice.
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