Terms and Conditions
Please read these terms and conditions (“Terms”) carefully before using our website. The use of this website indicates your acceptance of these Terms.
These Terms set forth the general terms and conditions of you use of the vitagaming.com website (“Website”) and any of its related products and services (collectively, “Services”). The Terms are legally binding between you (“User”, “you”, or “your”) and Marahau LLC (“Vitagaming”, “Company”, “we”, “us”, or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the Terms. You acknowledge that these Terms create a binding contract between you and the Company and govern your use of the Website and Services, even though you have not physically singed a contract. If, during your use of the Website and Services, you no longer agree to the Terms, you must immediately discontinue your use of the Website and Services. Please see “Acceptance of Contract Terms” for additional terms guiding your use of the Website and Services.
Billing and Payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgement, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possible a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchase per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to dispute and report any fraudulent chargebacks, and you will be responsible for any and all costs and fees associated with said disputed chargebacks.
Subscription Fees, Automatic Renewal, and Cancellation
As a purchase option, you are able to elect the subscription purchase option. By purchasing Vitagaming products for a subscription term of three months (“Initial Term”), you acknowledge and agree that you are signing up for an automatic renewal subscription (“Subscription”) with Vitagaming. You agree to pay all applicable Subscription fees made known to you during checkout when you order your Vitagaming products. We may use a third-party payment vendor to process your payment of Subscription fees. You warrant and represent that you are the valid owner or authorized user of the credit or debit card or other payment cards to a third-party payment vendor and that all information you provide is accurate. By subscribing, you authorize Vitagaming to charge your credit or debit card or other payment cards at the start of the Initial Term, and at the beginning of every renewed term, until you cancel the Subscription or the term of the Subscription expires. After placing your order, you will receive an email that includes an acknowledgment of your Subscription and purchases and how to cancel it.
When you sign up for the Initial Term, the payments will be automatically renew each month for the Initial Term only. To continue the subscription, you must repurchase the product(s) and select the subscription payment plan again. If you elect the Subscription purchase option, you are required to fulfill the payments for the Initial Term. Therefore, you cannot cancel your Subscription until the Initial Term has ended and all payments have been made. All payments made through the Subscription are non-refundable. After the third delivery, you may cancel your Subscription at any time by notifying our customer support team at info@vitagaming.com, through our online contact form. Our office hours are Monday through Friday 10:00 AM–6:00 PM Mountain Standard Time (MST).
Your right to the use of the Vitagaming Subscription and obtaining discounts on Vitagaming products is conditioned upon Vitagaming receiving your payment of the Subscription fees. If payment cannot be charged to your credit, debit, or other payment cards, or a charge is refunded or canceled for any reason, we reserve the right to suspend or terminate your account immediately and thereby terminate your Subscription and all our obligations under these Terms. We reserve the right to change any of the fees that we charge or to institute new or additional fees, at any time upon notice to you.
Limited Money-Back Policy; Refund Policy
The Company is currently offering a limited money-back policy to customers who may be dissatisfied with our Services, as stated herein, and subject to change. This refund policy only applies to the first purchase of a product and is redeemable no later than 60-days after the purchase date. You are not entitled to a refund for multiple products or bottles, food, apparel, and on-supplement products (such as gear). However, you may be eligible for return and a refund, and our current policy and procedure for product returns are stated here: https://www.vitagaming.com/returns. You are required to follow the return procedures precisely as stated as a condition to processing your return. If you have further questions relating to money-back policies or returns and exchanges, please contact our customer support team at info@vitagaming.com, through our online contact form. Our office hours are Monday through Friday 10:00 AM–6:00 PM Mountain Standard Time (MST).
Affiliate Program
The Company currently offers an affiliate program for anyone interested in generating commissions from the sale of our Services. All affiliates will be required to comply with our current affiliate policies, which are stated here: https://www.vitagaming.com/affiliate-program/. Additionally, we may from time to time, audit affiliate landing pages and promotional material in order to confirm that an affiliate is not violating these terms or any laws governing supplements and marketing, including but not limited to Federal Trade Commission and Federal Drug Administration rules and guidelines. Your affiliate program may be terminated by us for any reason or no reason at all with 30 day’s notice, or immediately without any prior notice to any violation of these Terms or any applicable laws.
Duties and Taxes
All prices indicated on this Website do not reflect any or all of the international duties, taxes, or other customs charges that the package may encounter when it arrives in its final destination. Please contact the customs agency officials to find out of all applicable taxes and duties (if any). Those charges vary significantly from country to country and will not be covered by the Company. We reserve the right to amend prices in the event of a change in value-added tax (VAT), in duty, or international pricing.
Please note there may be some variation in the color of goods shown on the Website due to the limitations of photographic and web processes. We cannot be held responsible for any variations in color that may arise caused by your browser or computer software. Vitagaming maintains this Website, the Services, products, and all the information, communications, software, scripting, photos, text, graphics, images and other materials and services found on the site (collectively “Content”), for the use of its customers, employees, and members of the general public.
Acceptance of Contract Terms
In exchange for using the Website, you agree to be bound exclusively by these Terms and to comply with all applicable laws and regulations. You represent you have the legal authority to accept these Terms on behalf of yourself or any party you represent. If any provision of these Terms is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms.
If you do not agree to these Terms, please do not use our site or place any orders for Services. Vitagaming is controlled and operated in whole or in part by the website owner from its offices within the United States. Those who access the Website and Services from other locations do so at their own risk and are responsible for compliance with applicable local laws. The Website owner makes no representation that the Content in the site is appropriate or available for use in other locations or that access to it from outside the U.S.A. is legal. As a condition of your use of the Website and Services, you warrant to the Company that you will not use the Website or Services for any purpose that is unlawful or prohibited by the terms, conditions, and notices contained herein. You shall not, at any time, (a) reverse engineer, decompile or disassemble any portion of the site or tamper in any way with the operation of the Website, (b) insert or make use of any type of disabling device including, but not limited to, viruses, worms, Trojan horses, time bombs, or any similar device that may impair, damage, or interfere with the proper working order of the Website, or (c) reverse engineer, copy, or otherwise infringe on the products offered and sold through the Website and Services. You also represent and warrant that you are of suitable age to enter into these Terms and to purchase the Services. You acknowledge that the Website owner reserves the right in its sole discretion to refuse or terminate access to the Website by you at any time.
Prohibited Uses
In addition to other restrictions as set forth in the Terms, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit other to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website or Services, third party products or services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses, or for any other reason.
Intellectual Property Rights and Restrictions on Use
You acknowledge that the Content is the property of the Company and is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, and other proprietary rights laws. In addition to the Company’s ownership of the Content, the Company or its licensors own a copyright in the selection, coordination, and arrangement of the Content. Nothing contained in this Website shall be construed as conferring any license or right to any copyright, trademark or other proprietary interest of the Company or any third party. The Website, Services, and Content may not be copied, distributed, or reproduced in any way, without the prior written consent of the Company, except that you may print a copies of the Content for personal, informational, non-commercial use provided that (i) all copyright, trademark and other proprietary notices are kept intact, and (ii) the Content is not modified in any way. The permission terminates automatically if you breach any of the Terms. The Company is not granting you any permission to use the Content other than the permission expressly stated in these Terms.
All trademarks, service marks, graphics and logos used in connection with the Website and Services are trademarks or registered trademarks of the Company or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or other use any of the Company’s or third parties’ trademarks.
Accuracy of Information
Occasionally, there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, promotions, and offers. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website and Services has been modified or update. We reserve the right to revise or withdraw the Content, in whole or in part, at any time without notice. Additionally, dietary supplement related statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease. The views and nutritional advice expressed by Vitagaming are not intended to be a substitute for conventional medical advice or consultation with a medical doctor. Individual results may vary, and you should always consult a medical doctor about any and all supplements that you consume. Any and all research and information provided on our Website relating to herbs and supplements is an extrapolation of information from third-parties and should not be solely replied upon when making a purchasing decision.
Amendments to Terms
We reserve the right to amend or modify the Terms related to the Website and Services at any time at our discretion. When we do, we may, in our sole discretion, post a notification on the main page of the Website. We may also provide notice to you in other ways, in our sole discretion, such as through the contact information you provided. Whether you receive notice or not, you agree to review the Terms immediately before each use of the Website and Services, as the Terms may have been amended since your last use or notice.
As updated version of these Terms will be effective immediately upon amendment or modification unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Terms (or such other act specified at that time) will constitute your consent to those changes.
Links to Third Party Resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.) operated by parties other than the Company, Vitagaming is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource or operator of such resource, unless specifically stated herein. Such resources are provided for your reference only. The Company does not control such resources or websites and is not responsible for examining or evaluating the content published on such websites. The Company is not responsible for damages or losses caused by any delays, defects, or omissions that may exist in the services, information, or other content provided in such websites, whether actual, alleged, consequential, or punitive. The Company makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality, or timeliness of any electronic content. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other third party resources is at your own risk.
Non-Confidentiality
Information sent to the Company via Internet, e-mail, or through the Website is not secure and is done on a non-confidential basis. The Company may make reasonable efforts to keep communications private, but because of the nature of Internet communications and the absence of an attorney/client relationship, we cannot promise or guarantee confidentiality.
Disclaimer of Warranty
YOU AGREE THAT ALL PRODUCTS AND SERVICES THAT ARE PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT YOUR USE OF THE WEBSITE AND SERVICES IS SOLELY AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMIT TO THE IMPLIED WARRANTIES OF MERCHANBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTTED, TIMELY SECURE, OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE AND SERVICES OR THAT DEFECTS IN THE WEBSITE AND SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE AND SERVICES OR ANY TRANSACTIOSN ENTERED INTO THROUGH THE WEBSITE UNLESS STATED OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE DO NOT WARRANT THAT ANY SUPPLEMENTS SOLD ON OUR WEBSITE WILL ACHIEVE A CERTAIN RESULT OR HEALTH OUTCOME. USERS ARE RECOMMENDED TO SEEK THE ADVICE OF A MEDICAL PROFESSIONAL FOR ANY AND ALL HEALTH-RELATED ISSUES.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, AND LOSS OF BUSINESS OPPORTUNITY, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE, OR OTHERWISE, EVEN IF THE LIABILE PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORSEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS RELATING TO THE SERVICES WILL BE LIMITED TO AN AMOUNT NO GREATER THAN ONE DOLLAR OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO THE COMPANY FOR THE PRIOR ONE MONTH PERIOD PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OR ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website or Services, including, but not limited to, your contributions to the Website, any use of the Website, Content, or Services other than as expressly authorized in these Terms, or your use of any information obtained from the Website and Services.
Notice Regarding Medical Advice
THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Governing Law; Jurisdiction; Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT WAIVES YOUR RIGHTS TO LITIGATE CLAIMS BEFORE A COURT OR JURY.
All matters relating to the Website, Services, and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).
Preliminary Dispute Resolution. Most claims, disputes, and controversies arising from or relating in any way to your purchase of goods or services through the Website, can be resolved quickly and amicably by contacting Company customer support at info@vitagaming.com, through our online contact form. But we understand that sometimes disputes cannot be easily resolved by customer support. If this is the case, as part of the best efforts process to resolve these claims, disputes, and controversies arising from or relating in any way to your purchase Services through the Website and prior to initiating arbitration proceedings, you agree to provide notice of the claims, disputes, or controversies to Company, including a description of the dispute, what efforts have been made to resolve it, and what You are requesting as a resolution, to info@vitagaming.com. We will have 30 days to resolve any dispute submitted to us.
Arbitration Procedure. Any dispute arising out of, or related to, these Terms of Use or the Website (whether in contract, tort, or otherwise) between you and the Company that remains unresolved after 30 days, including disputes about the arbitrability of this Agreement, will be both governed by the Federal Arbitration Act applying Arizona law, and submitted to, and decided by, final binding arbitration in Arizona. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect. The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and enforceability of this arbitration provision. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The parties may be represented by any attorney of their choosing at their own expense.
Forum. Both injunctive relief in aid of arbitration and a judgment on an arbitration award may be entered only by an Arizona state court or federal court.
No Class Actions. By voluntarily accepting these Terms of Use, you and Company are agreeing that the parties can only bring a claim against each other on an individual basis.
WAIVER OF RIGHTS TO COURT OF LAW. EACH PARTY WAIVES ANY RIGHT IT HAS TO HAVE ANY DISPUTE BETWEEN THEM RESOLVED IN A COURT OF LAW BY A JUDGE OR JURY.
Severability. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Waiver
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. No consent or waiver by Company hereof will be deemed effective unless in writing.
Severability
All rights and restrictions contained in these Terms may be exercised and shall be applicable and binding on to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms illegal, invalid, or unenforceable. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision or portion thereof shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
The Terms, our Privacy Policy, and any other referenced document herein or applicable terms constitute the sole and entire agreement between you and Company regarding the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Services.
Feedback
You agree that submission of any ideas, suggestions, documents, and/or proposals to us through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that we have no obligations including, without limitation, obligations of confidentiality, with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully-paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Website and Services.
Assignability
You are prohibited from assigning any of your rights or any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. The Company may freely assign these Terms or its rights herein without prior notice to you.
Contacting Us; Notice To You.
If you have any questions, concerns, or complaints regarding the Website, the Services, or these Terms, we encourage you to contact us at: info@vitagaming.com or through our contact page.
Notice To You. We may provide any notice to you under these Terms of Use by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
Notice To Us. To give us notice under these Terms, you must contact us as follows: by email at info@vitagaming.com. We may update the email or physical address for notices to us by posting a notice on the Site. Notices provided by personal delivery or email will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
