Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE. THANK YOU, VitaPal.com

Welcome!
Welcome to VitaPal.com! This Terms of Use Agreement sets forth the Agreement between MindStar Distributors, LLC ("VitaPal.com" or "we") and each user ("you" or "user") governs the use by you of the Vitapal.com website. VitaPal.com is a wholly-owned subsidiary of MindStar Distributors, LLC. All orders accepted herein, which is subject to all of the provisions set forth herein, are fulfilled by MindStar Distributors, LLC. Please read this Agreement carefully before using this site. By using this site, you signify your assent to this Terms of Use Agreement. If you do not agree to the terms and conditions contained in this Terms of Use Agreement, you may not access or otherwise use this site.

Products, Content and Specifications.
All features, content, specifications, products and prices of products and services described or depicted on this Web site, www.VitaPal.com (this "Web Site"), are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, we cannot guarantee that your computer will accurately display such information. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. When an order is placed, it will be shipped to the address designated by you purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract with a third-party carrier. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Accuracy of Information.
We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the correctness, completeness or accuracy of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to change the price of or limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. We apologize in advance for any inconvenience or misunderstanding such errors or omissions might cause you.

Use of this Web Site.
The design of this Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The text, software, information and/or other technology components of this Web Site are copyright of VitaPal.com, to which all rights are hereby reserved. You may not modify the information or materials which are displayed on this Web Site or which can be downloaded from this Web Site. All such information may not, in any way be reproduced, publicly display, performed, distributed or otherwise used in any manner for any purpose, without the prior written consent of Vitalpal.com. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

Orders.
When you place an order on Vitapal.com we do not guarantee that we currently have the product in stock, but we will immediately charge your credit card, or other payment method, for the full amount of such order, regardless of whether or not we are able to fulfill your order at the time it is received by Vitapal.com. In the event we are unable to fulfill your complete order within twenty-one (21) days of our receipt of such order from you, then we will automatically refund all amounts to you at such time. However, in the event we are able to fulfill any portion of your order within twenty-one (21) days of our receipt of same, we will ship the partial order to you in accordance with our policies, then credit any overcharge back to your credit card account within a reasonable time. While we will make every effort to deliver regular emails to you regarding the status of your order, the lack of email updates or other continuing communications from Vitapal.com shall not constitute a waiver or alteration to these policies.

Emails.
Upon making a purchase at Vitapal.com and/or one of our family companies, you are opting in to receive our e-mail communications and will automatically be signed up to receive our daily health tips, promotional offers & special event information.  If you would no longer like to receive e-mailed special event information, daily health tips, promotional offers and/or other messages from VitaPal.com, please click the bottom of the email you received and follow the “click here to opt out” instructions. Your e-mail address will be removed from our marketing list.  If you still run into problems, please contact us at customerservice@VitaPal.com and/or 1-800-909-4759.

Copyrights and Trademarks.
Certain copyrightable materials, trademarks, trade names, service marks and logos used or displayed on this Web Site are registered or unregistered copyrightable materials, trademarks, trade names and/or service marks of VitPal.com and/or its affiliates. Other copyrightable materials, trademarks, trade names and service marks used or displayed on this Web Site are the property of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any copyrightable materials, trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of VitaPal.com.

Linking to this Web Site.
Creating or maintaining any link from another Web Site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web Ste without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.

Third Party Links.
From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by VitaPal.com or their respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk.

Inappropriate Material.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

User Information.
A full description of the manner in which we handle user information is available on this website under the link for the “Privacy Statement” which is hereby incorporated by reference herein. Other than personally identifiable information, which is subject to this Web Site's Privacy Statement, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. Moreover, by posting such materials, you hereby irrevocably and permanently transfer any and all intellectual property rights, including, but not limited to copyright and/or trademark, to Vitalpal.com. We and our respective affiliates and our or their designees may also use any or materials posted by you for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We do not monitor or review any User Communications, but reserve the right to delete any User Communications for any reason whatsoever. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

Disclaimers:
YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER Vitalpal.com NOR ANY OF ITS RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER Vitalpal.com NOR ANY OF ITS RESPECTIVE AFFILIATES MAKES ANY COMMITMENT NOR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Limitations of Liability:
VitaPal.com DOES NOT assume any responsibility, or will be liable, for any damages to your computer, or any viruses that may infect, your computer, telecommunication equipment, or other property which is caused by or arises from your access to, use of, or browsing of this Web Site, nor from your downloading of any information or materials from this Web Site. IN NO EVENT WILL VitaPal.com, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.

Revisions to these Terms and Conditions.
These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site.

Choice of Law; Jurisdiction.
These Terms and Conditions supersede any other agreement between you and VitaPal.com to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site will be subject to the exclusive jurisdiction and venue of the federal or state Courts located in the City, County and State of New York. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Termination.
These Terms and Conditions supersede any other agreement between you and VitaPal.com to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site will be subject to the exclusive jurisdiction and venue of the federal or state Courts located in the City, County and State of New York. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Health Related Information.
Content contained on or made available through this site is not intended to provide and does not constitute medical or healthcare advice. The information contained in the Web Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Web Site (including, but not limited to, information that may be provided on the Web Site by healthcare professionals and/or nutrition professionals employed by or contracting with VitaPal.com) for diagnosing or treating a health problem or disease, or prescribing any medication. 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. You should read carefully all product packaging prior to use. Your use of information available on or through this site is your own responsibility and at your own risk.

Indemnity.
You agree to indemnify and hold VitaPal.com and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by you and/or any third party due to or arising out of your use of our Web Site, your connection to our Web Site, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.

Domestic Use; Export Restriction.
We control the Web Site from our offices within the United States of America. We make no representation that the Web Site or its content (including, without limitation, any products or services available on or through the Web Site) are appropriate or available for use in other locations. Users who access the Web Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Web Site may be downloaded in violation of United States law.

Member Account, Password, And Security.
If any of the services provided by Vitapal.com require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. Upon registration you will select a username and password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Vitapal.com immediately of any unauthorized use of your account or any other breach of security. Vitapal.com will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Vitapal.com or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

No Unlawful Or Prohibited Use.
As a condition of your use of the Web Site, you will not use the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and other notices. You may not use the Web Site in any manner that could damage, disable, overburden, or impair any Vitapal.com server, or the network(s) connected to any Vitapal.com server, or interfere with any other party's use and enjoyment of any Web Site. You may not attempt to gain unauthorized access to any Web Site, other accounts, computer systems or networks connected to any Vitapal.com server or to any of the Web Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Site.

Miscellaneous.
The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach. 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 Web Site or our Terms and Conditions or other claim in law or equity you may have against Vitapal.com and/or its affiliates, officers, directors, members, employees and/or agents must be filed within one (1) year after such claim or cause of action accrues, or be forever waived and barred.  This Terms and Conditions constitutes the entire agreement between Vitapal.com and you with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, proposals, understandings and representations, written or oral, with respect to the terms and conditions hereof.  These terms and Conditions may not be modified or amended except in writing signed by a duly authorized representative of each party. All references herein in the singular shall be construed to include the plural, and the masculine, and the masculine to include the feminine or neuter gender, where applicable, and where the context shall require. Section headings are for convenience of reference only and shall not be construed as part of this Agreement nor shall they limit or define the meaning of any provision herein. No agency, joint venture, or partnership is created by this Agreement, and that neither party shall incur any obligation in the name of the other without the other's prior written consent. In the event that any one or more of the provisions of this Agreement shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of this Agreement shall not be affected, or if any one or more of the provisions contained herein shall be held to be excessively broad as to duration, activity or subject, such provisions shall be construed by limiting and reducing such provisions so as to be enforceable to the maximum extent compatible with applicable law. Any provision of this Agreement, which by its context is intended to apply after termination of this Agreement, shall survive its termination.

Questions?
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at VitaPal.com, 460 Faraday Avenue, Warehouse A-1, Jackson NJ, 08527 Attn: Privacy Manager or e-mail us at customerservice@VitaPal.com. Please feel free to call us toll-free at 1-800-909-4759.

These Terms and Conditions were last updated on October 6, 2008.