Terms & Conditions
Terms & Conditions
VitaMe is the trading name of VitaMe, Inc.
VitaMe, Inc. (“Company”, “VitaMe”, “we” or “us”) provides users (“Users”) of
the web pages located at vitame.com (the “Site”) and with a platform for purchasing
customized vitamins and other supplements (the “Products”). You must provide Company with
certain personal information to create your personal products.
binding terms between you and the Company. This Agreement applies to all Users of the Site,
Application and/or Products, including Users who submit any content, information or other
materials on the Site or Application. If you choose to use the Site, the Application or Products,
you will be agreeing to abide by all of the terms and conditions of the Agreement. Company may
change, add or remove portions of this Agreement at any time, but if it does so, it will post such
changes on the Site and/or Application.
IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO
YOU, DO NOT USE THE SITE OR PRODUCTS. YOUR CONTINUED USE OF THE
PRODUCTS NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN
THIS AGREEMENT, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH
RULES, CHANGES, OR MODIFICATIONS.
In addition, when using particular Company Products, you and Company shall be subject to any
additional terms, guidelines or rules applicable to such Productss, which may be posted from
time to time on vitame.com. All such additional terms, guidelines and rules are hereby
incorporated by reference into this Agreement. Also, Company may offer other Products from
time to time that are governed by different terms of Products.
1.Disclaimer and Limitation of Liability
The products and the claims made about specific products on or through this site have not been
evaluated by the United States Food and Drug Administration and are not intended to diagnose,
treat, cure or prevent disease. The information provided on this site is for informational purposes
only and is not intended as a substitute for advice from your physician or other health care
professional or any information contained on or in any product label or packaging.
You should not use the information on this site for diagnosis or treatment of any health problem
or for prescription of any medication or other treatment. You should consult with a healthcare
professional before starting any diet, exercise or supplementation program; before taking any
medication; or if you have or suspect you might have a health problem.
INFORMATION ON THIS SITE IS PROVIDED FOR INFORMATIONAL PURPOSES AND IS
NOT MEANT TO SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR OWN PHYSICIAN
OR OTHER MEDICAL PROFESSIONAL. YOU AGREE TO KEEP YOUR HEALTH CARE
PRACTITIONER INFORMED ABOUT DIETARY SUPPLEMENTS YOU ARE TAKING OR
INTEND TO TAKE. YOU SHALL NOT USE THE INFORMATION CONTAINED HEREIN FOR
DIAGNOSING OR TREATING A HEALTH PROBLEM OR DISEASE, OR PRESCRIBING
ANY MEDICATION. YOU SHALL READ CAREFULLY ALL PRODUCT PACKAGING.
IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, YOU SHALL
PROMPTLY CONTACT YOUR HEALTH CARE PROVIDER. YOU SHALL NOT DISREGARD
PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING
YOU HAVE READ ON THIS SITE.
INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE
NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT
INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. DIETARY
SUPPLEMENTS ARE NOT INTENDED TO TREAT, CURE, OR PREVENT ANY DISEASE.
YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE VITAMINS
AND SUPPLEMENTS YOU CHOOSE. VITAME DOES NOT WARRANT THAT
ITS SERVICES ARE APPROPRIATE FOR EVERYONE, OR THAT THEY MEET YOUR
EXCEPT AS PROVIDED IN ANY AGREEMENT WITH YOU, VITAME, TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL OTHER
WARRANTIES WITH RESPECT TO THE VITAME WEB SITE AND THE SERVICES
PROVIDED THERE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VITAME
SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES EVEN IF VITAME HAS BEEN ADVISED OF THE POSSIBILITY OF
UNDER THE LAWS OF SOME STATES, LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATIONS OF SOME KINDS OF DAMAGES ARE NOT PERMITTED. IF
THESE LAWS APPLY TO YOU, THE ABOVE DISCLAIMER AND LIMITATION OF LIABILITY
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
VitaMe exclusively works with CustomPax Inc. to produce Products. CustomPax
Inc. provides the vitamin and supplements formula to VitaMe. CustomPax produces,
packages and ships Products for VitaMe. VitaMe is solely reselling
To ensure all products manufactured at CustomPax remain free of biological contaminants,
various sites throughout our manufacturing plant are monitored regularly for the presence of
unwanted microbes. We monitor the air quality, temperature and humidity on a regular basis.
Company offers various plans for purchasing the Products including, but not limited to, those
described below. All such plans for purchasing the Products shall be referred to herein,
collectively, as “Plan(s).”
Trial Plan. You may enroll in the Trial Plan for $59 per months. Trial Plans are automatically
billed on a monthly basis until canceled. You may cancel with two business days notice before
every monthly renewal date. Products will be shipped after payments have been received.
Premium Plan. You may enroll in the Premium Plan for $49 per months. Premium Plans are
automatically billed on a monthly basis until canceled. You may cancel with two weeks notice
before every 3 months renewal date. Products will be shipped after payments have been
Max Plan. You may enroll in the Premium Plan for $39 per months. Max Plans are
automatically billed on a monthly basis until canceled. You may cancel with four weeks notice
before every 12 months renewal date. Products will be shipped after payments have been
Subject to the provisions of this Agreement, you may upgrade, downgrade, or cancel your Plan
online, by emailing the Company at email@example.com or by contacting the Company
Customer Service Department via telephone at 855-833-7674. Company will be entitled to rely
on a notice of cancellation that appears legitimate and cancel service on that basis. No refunds
are available upon cancellation. Company will be entitled to rely on a notice of cancellation
that appears legitimate and cancel service on that basis. Company's responsibility for improper
cancellation is limited to reinstating your Plan.
You are responsible for paying any sales, use or other taxes which may be related to your Plan
and/or the Products. We reserve the right to change pricing and billing practices at any time.
Any such changes will be submitted to Users with Plans prior to taking effect. While you are a
User, you will be billed for and will be obligated to pay for, all applicable charges. Failure to use
the Products or your Plan shall not constitute a basis for refusing charges.
3. Intellectual Property
As between you and the Company, the Company is the owner of all intellectual property
rights, including all copyrights, patents, trademarks associated with the Products, including all
associated software, logos, text, and graphics. You agree not to use any Company intellectual
property without Company’s prior permission.
4. License and Access
Company grants you a limited license to access and make personal use of the Site and
Products. You agree not to download (other than page caching) or modify the Site or
Application, or any portion of either, except with express written consent of Company. This
license does not include any resale or commercial use of the Products, or its contents; any
downloading or copying of account information for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering and extraction tools. The Site and Application
are for the personal use of Users only and may not be used for any commercial endeavors
except those may be specifically endorsed or approved by the management of Company
from time to time. Illegal and/or unauthorized use of the Site, the Application or the Products,
including collecting usernames, email addresses or User Content of other Users by electronic
or other means for the purpose of sending unsolicited email, unauthorized framing of or
linking to the Site or Application or other illegal purposes will be investigated. Commercial
advertisements, affiliate links, and other forms of solicitation may be removed from posts or
accounts without notice and may result in termination of membership privileges. Company will
take appropriate legal action for any illegal or unauthorized use of the Products. The Products,
or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or
otherwise exploited for any commercial purpose without express written consent of Company.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, content, text, page layout, or form) of Company and
our affiliates or other Users without express written consent, except as otherwise provided and
made available through the Products. You may not use any meta tags or any other “hidden text”
utilizing Company’s name or trademarks without the express written consent of Company. Any
unauthorized use terminates the permission or license granted by Company. You are granted
a limited, revocable, and nonexclusive right to create a hyperlink to Company so long as the
link does not portray Company, its affiliates, or their products or services in a false, misleading,
derogatory, or otherwise offensive manner. You may use the Company logo or other proprietary
graphic or trademark of Company as part of the link, subject to Company’s usage requirements
and Company’s right to revoke such permission in its sole discretion.
5. Account, Password, Security
You may receive a password and a username designation upon completing the
registration process. You are responsible for maintaining the confidentiality of the password and
account, and are fully responsible for all activities that occur under your password or account.
Users agree not to share their username and password with anyone.
You agree to (i) immediately notify Company of any unauthorized use of your password or
account or any other breach of security, and (ii) ensure that you exit from your account at the
end of each session. Company cannot and will not be liable for any loss or damage arising from
your failure to comply with this Section 6.
You agree to provide true, accurate, current and complete information about yourself
where prompted (such information being the “Membership Data”). If you do not, or Company
has reasonable grounds to suspect that you have not, Company has the right to suspend or
terminate your account and refuse any and all current or future us of the Products. User Data
The Products is hosted in the United States of America (“U.S.”), is intended to be compliant only
with U.S. laws and regulations, and is intended for use only in the U.S. You agree that you will
not access the Website or use the Products outside the U.S. You agree to not use the Site and
Application, or export any portion of the Site and Application including the User Content (defined
below) in violation of U.S. export regulations. You are responsible for adhering to all relevant
local and national laws wherever you are.
7. Uploaded Content
Please choose carefully the words, information, content, messages, text, files, images, photos,
sounds, profiles, works of authorship or any other materials you post, upload, link to, publish,
exchange, or display on or through the Products and any such content that you provide or make
available to other Users through the Site and Application (collectively, “User Content”). You are
responsible for all User Content, as set forth below.
Information or User Content provided by other Users may contain inaccurate, inappropriate or
offensive material, products or Productss, and Company assumes no responsibility or liability for
Company reserves the right, in its sole discretion, to reject, refuse to post or remove or modify
any posting by you, or to restrict, suspend, or terminate your access to all or any part of the
Products at any time, for any or no reason, with or without prior notice, and without liability.
User Content shall not be illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, violate any confidentiality agreement or other contract
or be otherwise injurious to third parties or objectionable and shall not consist of or contain
software viruses, political campaigning, commercial solicitation, chain letters, mass mailings,
or any form of “spam.” You may not use a false email address, impersonate any person or
entity, or otherwise mislead as to the origin of any User Content. Company has the right but
not the obligation to remove or edit User Content, but does not regularly review User Content.
Company takes no responsibility and assumes no liability for any User Content.
The following is a partial list of the kind of User Content that is illegal or prohibited on the
Products. Company reserves the right to investigate and take appropriate legal action in
its sole discretion against anyone who violates this provision, including without limitation,
removing the offending User Content from the Products and terminating the membership of
such violators. Prohibited User Content includes content that: (i) is obscene, patently offensive,
or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(ii) harasses or advocates harassment of another person; (iii) involves the transmission of "junk
mail", "chain letters," or unsolicited mass mailing or "spamming"; (iv) consists of information
that you know is false or misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous; (v) consists of an illegal or unauthorized copy
of a copyrighted work, such as sound recordings, musical compositions and videos in which
you do not personally own the copyright or otherwise do not have the necessary authority from
the copyright owner(s); (vi) computer programs or links to them or providing information to
circumvent manufacturer-installed copy-protect devices, or infringing materials; (vii) contains
restricted or password-only access pages or hidden pages or images (those not linked to or
from another accessible page); (viii) provides material that exploits people under the age of 18
or solicits personal information from anyone under 18; (ix) provides instructional information
about illegal activities; (x) solicits passwords or personal identifying information for commercial
or unlawful purposes from other Users; (xi) involves commercial activities and/or sales without
our prior written consent such as contests, sweepstakes, advertising, or pyramid schemes; or
(xii) uses any unfair, misleading or deceptive content intended to draw traffic to the profile.
You agree to abide by the terms of this Agreement, and to not use the Site or Products
to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of the
Products; (ii) interfere with or disrupt the Products or servers or networks connected to the
Products, or disobey any requirements, procedures, policies or regulations of networks
connected to the Products; (iii) collect or store personal data about other Users; (iv) harass,
abuse, or harm another person, or (v) in order to contact, advertise to, solicit, or sell to any other
User without their prior explicit consent.
Without limiting other remedies, Company and its affiliates may immediately warn Users
of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your
membership and refuse to provide the Products to you if: (i) you breach this Agreement or the
documents it incorporates by reference; (ii) we are unable to verify or authenticate any
information you provide to us; or (iii) we believe that your actions may cause financial loss or
legal liability for you, us or our Users. Your membership will be terminated and you will be
denied access to the Products if you breach this Agreement or any other agreement between
you and Company in any way.
9. Use & Storage
You acknowledge that Company may establish general practices and limits concerning use of
the Site and Products. You agree that Company has no responsibility or liability for the blocking,
deletion or failure to store any User Content maintained or transmitted by the Products. You
acknowledge that Company reserves the right to cancel accounts that are inactive for an
extended period of time. You further acknowledge that Company reserves the right to change
these general practices and limits at any time, in its sole discretion, with or without notice.
10. Third-Party Content, Links and Syndication
Company is not responsible for any User Content, third-party content, syndicated content,
applications, Products, Services, advertisements, and/or links that may be contained in the
Products. The Site and the Application may contain links to third party websites that are not
owned or controlled by Company. Company has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third party websites. In addition, Company
will not and cannot censor or edit the content of any third-party site. By using the Site and/or
the Application, you expressly relieve Company from any and all liability arising from your use
of any third-party website. Accordingly, we encourage you to be aware when you leave the Site
that you visit. Any correspondence, business dealings with, syndication, linking or participation
in promotions of third parties found on or through the Site or Application, including payment or
delivery of related goods or Products, Services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such third parties.
Company has no control over third-party websites or resources, and as such, you acknowledge
and agree that Company is not responsible for their availability, reliability, or functionality,
and does not endorse and is not responsible or liable for any third-party content, applications,
Products, Services advertising, products, or other materials on or available from such websites
or resources. Company shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any dealings between you and any third parties, or as the result of the
presence of such third-party content or User Content on the Site or Application or as a result of
the failure of such third-party Products, Services applications, or content to function as intended.
11. Representations & Warranties
You represent and warrant that you have the full authority to act on your behalf and on
behalf of any and all prior owners of any right, title and interest in and to any User Content you
post, submit, transfer or link to.
You represent and warrant that you are either 18 or more than 18 years of age, and are
fully able and competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in this Agreement, and to abide by and comply with
this Agreement and have obtained all necessary third-party consents, licenses and permissions
necessary to enter into and fully perform your obligations herein. Your membership is solely for
your personal use, and you shall not authorize others to use your account.
You represent and warrant that your use of the Site, Application and Products
shall be in compliance with any applicable laws, rules and regulations of any
You represent and warrant that you will not use the Products to upload, post, link to,
email, transmit, or otherwise make available any material that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy, or limit the functionality of
any computer software or hardware or any telecommunications equipment.
12. Additional Disclaimer
The views expressed on the Site and Application or through the Services and Products are not
the views of Company. You acknowledge that any reliance on any opinion, advice, statement,
or information available on the Site, the Application or the Products is at your sole risk. The Site,
the Application and the Products contain views, opinions, statements, and recommendations
of third-party individuals and organizations, and Company does not represent or endorse the
accuracy, correctness, or reliability of any advice, opinion, statement, or other information
displayed, uploaded, or distributed through the Site, the Application or the Products. Company
makes no warranty as to the quality, accuracy, completeness, and validity of any materials on
the Site, the Application or the Products and does not warrant that the functions contained on
the Site or Application will be uninterrupted or error-free, or that defects will be corrected.
YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK. THE PRODUCTS IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO WARRANTY THAT
(i) THE PRODUCTS WILL MEET YOUR REQUIREMENTS, (ii) THE PRODUCTS WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE PRODUCTS WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, PRODUCTSS, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS WILL MEET YOUR
EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
COMPANY OR THROUGH OR FROM THE PRODUCTS SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THIS AGREEMENT.
13. Indemnification, Limited Liability
You hereby indemnify and hold harmless, and upon Company’s request, defend,
Company its affiliates (and their respective directors, officers and employees) from and against
any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees
and costs) arising out of any claim, action, or proceeding brought by a third party based on: (i) a
breach of any warranty, representation, covenant or obligation of yours under this Agreement;
or (ii) any allegation that any User Content provided, uploaded, syndicated, linked to or
authorized by or on behalf of you hereunder or Company’s or any User’s use thereof violates or
infringes the rights of another party. You will reimburse Company and its affiliates on demand
for any actual payments made in resolution of any liability or claim that is subject to
indemnification under this Section 15, provided that Company attempts to obtain your written
consent prior to making such payments, and such consent is not unreasonably withheld,
delayed or conditioned. Company shall promptly notify you of any such claim, and you shall
assume control of the defense of such claim upon Company’s request. Company shall have the
right, at its expense, to participate in the defense thereof under your direction.
EXCEPT PURSUANT TO YOUR INDEMNITY OBLIGATION IN SECTION 15(a), AND
EXCEPT FOR A BREACH OF YOUR REPRESENTATIONS AND WARRANTIES IN SECTION
13, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR
INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS
OF PROFITS OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO
COMPANY FOR THE PRODUCTS DURING THE TERM OF MEMBERSHIP.
14. Applicable Law and Disputes
This Agreement and the relationship between you and Company shall be governed by the laws
of the State of California without regard to its conflict of law provisions. You and Company agree
to submit to the personal and exclusive jurisdiction of the courts located within the State of
California and County of San Francisco. To the extent permitted by law, you agree that you will
not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy
that you may have against the Company and its employees, officers, directors, members,
representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or
to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs
that the Company incurs in seeking such relief. This Agreement does not constitute a waiver
of any of your rights and remedies to pursue a claim individually and not as a class action as
provided above. This provision preventing you from bringing, joining or participating in class
action lawsuits is an independent agreement.
notices or links to notices to you generally on the Products. Except as explicitly stated
otherwise, any notices to Company shall be sent by certified mail, return receipt requested,
to Company at VitaMe, Inc., One Market Plaza, Steurt Tower, Suite 503, Attn: Legal
Department. Notice shall be deemed given three (3) days after the date of mailing.
16. Copyright Infringement
Company respects the intellectual property of others, and we ask our Users to do the same.
If you believe that your work has been copied or used in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise violated, please provide
Company’s copyright agent with the following information (“Notice”): (1) an electronic or
physical signature of the person authorized to act on behalf of the owner of the copyright or
other intellectual property interest; (2) a description of the copyrighted work or other intellectual
property that you claim has been infringed; (3) a description of where the material that you
claim is infringing is located on the Site or Application; (4) your address, telephone number,
and email address; (5) a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by
you, made under penalty of perjury, that the above information in your Notice is accurate and
that you are the copyright or intellectual property owner or authorized to act on the copyright
or intellectual property owner's behalf. Any Notice of claims of copyright or other intellectual
property infringement must be sent to Company at:
VitaMe, VitaMe, Inc.
Attn: Copyright Agent
Phone: (855) 833-7674
Please note that this procedure is exclusively for notifying Company and its affiliates that your
copyrighted material has been infringed.
regulations posted on the Products constitute the entire agreement between you and Company
and govern your use of the Products, superceding any prior agreements between you and
Company. You also may be subject to additional terms and conditions that may apply when you
use affiliate Productss, third-party content or third-party software.
The failure of Company to exercise or enforce any right or provision of this Agreement
shall not constitute a waiver of such right or provision.
If any provision of this Agreement is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of this Agreement
remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Products or this Agreement must be filed within one
(1) year after such claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and have no legal or