NAC Marketing Company, LLC, maker of various vitamins, dietary supplements, and other products sold on the New Vitality website at www.newvitality.com and other sites where these terms and conditions are posted (each, the “Site”), maintains this Site for your personal information, education and communication. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS SITE. Your purchase or use any of NAC Marketing Company, LLC’s products constitutes your agreement to these terms and conditions. If you do not agree to these terms and conditions, you must return the product for a refund within 30 days of the date of delivery of the product. THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
CHANGES TO TERMS AND CONDITIONS
WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. THE DATE OF THESE TERMS AND CONDITIONS IS NOTED UNDER THE “TERMS AND CONDITIONS” HEADING ABOVE. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
You and NAC Marketing Company, LLC agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration; and that any dispute between us, including disputes by either of us against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other, will be resolved exclusively and finally by binding arbitration, except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction. BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating an arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. If you initiate an arbitration, NAC Marketing Company, LLC will promptly reimburse you for any standard filing fee which may have been required under AAA’s Procedures once you have notified NAC Marketing Company, LLC in writing and provided a copy of the arbitration proceedings. However, if NAC Marketing Company, LLC is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to NAC Marketing Company, LLC, including the filing fee. There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against NAC Marketing Company, LLC and may not preside over any kind of representative or class proceeding against NAC Marketing Company, LLC. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST NAC MARKETING COMPANY, LLC IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING IF YOU HAVE ALREADY PURCHASED A PRODUCT AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT TO GET A REFUND. IF YOU HAVE PURCHASED THE PRODUCT AT A RETAIL STORE, YOU MUST RETURN THE PRODUCT ACCORDING TO THE STORE’S RETURN POLICY. IF YOU HAVE PURCHASED THE PRODUCT BY TELEPHONE OR ONLINE FROM US, YOU MUST RETURN THE PRODUCT PURSUANT TO OUR RETURN POLICY, AVAILABLE AT
This Site is provided by NAC Marketing Company, LLC, and these Terms and Conditions provide to you (identified herein as “you” or “user”) a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use this Site conditioned on your continued compliance with these Terms and Conditions. If you are using the Site on behalf of a company or other business entity, please note that such a company or entity may have a separate agreement with NAC Marketing Company, LLC. Nevertheless, your use will be subject to these Terms and Conditions.
THIS SITE IS INTENDED FOR ADULTS
You should be aware that this Site is not intended or designed to attract anyone under the age of 18. We do not collect personally identifiable information from any person we actually know is under the age of 18. By downloading, accessing, or using this Site or in order to view our information and materials or submit information of any kind to this Site, you represent that you are at least eighteen (18) years of age (or the age of majority in your state of residence).
You will have the opportunity through our Sites to e-mail us with any questions you may have for our featured expert regarding our products, dietary supplements in general or health matters in general. Do not send us any medical, therapeutic or treatment questions. NAC Marketing Company, LLC, and the experts featured on the Site do not provide medical advice, and we urge you to contact your doctor if you feel you require medical advice or treatment.
RESTRICTIONS ON USE OF MATERIALS
These Terms and Conditions provide only a limited license to access and use the Site. Accordingly, you expressly acknowledge and agree that NAC Marketing Company, LLC, transfers no ownership or intellectual property interest or title in and to this Site to you or anyone else. All materials, including without limitation, graphics, images, HTML, codes, multimedia clips, Java codes, logos, button icons, banners and software, contained in this Site are the copyrighted property of NAC Marketing Company, LLC, or its affiliated companies and/or third party licensors. All trademarks, service marks, and trade names show on this Site are proprietary to NAC Marketing Company, LLC, or its affiliates and/or third party licensors. Unauthorized use of the materials on this Site will violate intellectual property rights. All rights not expressly granted in these Terms and Conditions are reserved to NAC Marketing Company, LLC, or its affiliated companies and/or third part licensors, whichever is the owner of any specific material. As such, no material from this Site may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that other than in the case of certain third party content, such as HealthNewsDigest content (see discussion below under the heading “Third Party Content Providers”), you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from this Site. The use of any such material on any other Web Site or computer environment is prohibited. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Site or in any way reproduce or circumvent the navigational structure or presentation of this Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of this Site, including, without limitation, the account of another user(s), or any other systems or networks connected to this Site or to any NAC Marketing Company, LLC, server or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of this Site or any network connected to the Site, nor breach the security or authentication measures on this Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or NAC Marketing Company, LLC’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of this Site or any transaction conducted on the Site, or with any other person’s use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to NAC Marketing Company, LLC, on or through the Site, (viii) use the Site or any interactive feature to harvest or collect e-mail addresses or other contact information; or (ix) use this Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact NAC Marketing Company, LLC. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY NAC Marketing Company, LLC. TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. NAC Marketing Company, LLC, cannot and does not guarantee or warrant that any files or information available for downloading will be free of infection, viruses, worms, Trojan horses or other code or codes that may contain contaminating or destructive properties. You agree to assume the entire cost of all necessary servicing, repair or correction resulting from any such downloading. You may not link any other website to this Site, nor reference hypertext documents on this Site from another website or document including e-mail, except under agreement as provided under our Affiliate program. NAC Marketing Company, LLC, reserves the right at any time and in its sole discretion to change or revoke any authorization granted above. In such circumstances or if you violate any of the provisions of these Terms and Conditions your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of the materials. Nothing contained in this Site should be construed as granting any license or right to use any trademark, logo, trade name, or design displayed on this Site without the written permission of NAC Marketing Company, LLC, or the respective owner of the trademark.
LIMITATION OF LIABILITY AND DISCLAIMER
The use of this Site and the Information is at your own risk. When using this Site, information will be transmitted over a medium over which NAC Marketing Company, LLC, has no control or jurisdiction. Therefore, NAC Marketing Company, LLC, does not assume any liability for or relating to the delay, failure, interruption or corruption of any information transmitted in connection with the use of this Site. This Site and the Information given through this Site are provided without charge and are provided on an “As Is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, NAC Marketing Company, LLC, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the exclusions may not apply to you. NAC Marketing Company, LLC, does not warrant that the Information contained on this Site will be uninterrupted or error free, or that defects will be corrected. NAC Marketing Company, LLC, makes no warranty as to the accuracy, reliability, completeness, timeliness, usefulness, adequacy or suitability of the Information, links or communications provided on or through the use of this Site and does not warrant against human or machine error, delay, omissions, interruptions or losses, including loss of any data or the legality of the Site or compliance with respect to laws governing the products, services or promotions offered on this Site. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES, SUPPLIERS, OR THOSE HEALTH CARE PROFESSIONALS WHO HAVE CONTRIBUTED MATERIAL OR ANSWERED QUESTIONS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, PERSONAL INJURY, OR WRONGFUL DEATH WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY OR OTHER LEGAL THEORY) EXCEED THE AMOUNT PAID (WHICH MAY BE NOTHING) BY YOU TO US, IF ANY, FOR ACCESSING THIS SITE.
You agree that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Site, including, without limitation, when you provide information via a Site registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, NAC Marketing Company, LLC, reserves the right to terminate immediately your access to and use of this Site. In addition, you agree that you will not make any transmission or submission to this Site that violates any laws or regulations or infringes or violates the rights of any person or entity. By making communications or submitting information, success stories, testimonials, feedback, and/or photographs (collectively, “Submissions”) to chat rooms, message or discussion boards or other forums, such as success stories or testimonials, or in contests or the like, you agree that such Submission is not confidential for all purposes and we shall not be liable for any use or disclosure of any such Submissions by us or others. If you make any such Submission, you automatically grant (or warrant that the owner of such content has expressly granted) NAC Marketing Company, LLC, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission (including without limitation your photograph or likeness) in any media or medium, or any form, format, or forum now known or hereafter developed and waive any and all moral rights in the Submissions. NAC Marketing Company, LLC, may sublicense its rights through multiple tiers of sublicenses.
If you participate in a chat area, message or discussion board, forum, or e-mail function from this Site or submit your success story or testimonial for publication on our Site (“Public Areas”) you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. NAC Marketing Company, LLC, is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
Please keep in mind that whenever you give out personal information online for example, via message boards or chat areas on this Site that information can be collected and used by people you don’t know. While NAC Marketing Company, LLC, strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. Although NAC Marketing Company, LLC, may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on this Site, NAC Marketing Company, LLC, is under no obligation to do so and assumes no responsibility or liability arising from such materials nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any such materials on this Site.
You agree that if you use any Public Areas, you must not:
NAC Marketing Company, LLC, does not and cannot review all communications and materials posted or uploaded to this Site and is not responsible for the content of these communications or materials. However, we reserve the right (but not the obligation) to monitor these Public Areas and to refuse to post, remove or edit content from any of these areas at any time and for any reason. In addition, we reserve the right to take any action we think necessary to enforce compliance with your agreement or to protect the personal safety of our users or the public, including recording dialogue in public chat rooms and terminating a users access to the Public Areas or the Site. NAC Marketing Company, LLC, has no liability or responsibility to user’s of this Site or any other person or entity for performance or nonperformance of any such activities.
ENFORCING SECURITY ON THE SITE
Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. NAC Marketing Company, LLC, reserves the right to view, monitor, and record activity on this Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. NAC Marketing Company, LLC, will also comply with all court orders involving requests for such information. In addition to the foregoing, NAC Marketing Company, LLC, reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of this Site in order to protect the Site, NAC Marketing Company, LLC, or NAC Marketing Company, LLC’s business.
LINKS TO OTHER SITES
We suggest that you exercise discretion while browsing the Internet using this Site. You should be aware that when you are on this Site, you could be directed to other websites that are beyond our control. There are links to other websites from NAC Marketing Company, LLC, pages that take you outside of our service. For example, if you “click” on a banner advertisement or a link, the “click” may take you off this Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other websites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on this Site may send cookies to users that we do not control. Use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites. We make no representations concerning the content of any such third party websites. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in websites linked to this Site. We reserve the right to disable links from third party sites to this site.
THIRD PARTY PROVIDERS
HealthNewsDigest content is the intellectual property of Health News Digest. Any copying, republications or redistribution of Health News Digest content, including, but not limited to, by caching, framing or similar means, is expressly prohibited without the prior written consent of Health News Digest. Health News Digest shall not be liable for any errors or delays in content, or for any action taken in reliance thereon.
TERMINATION OF ACCOUNT
These Terms and Conditions will take effect at the time you click “SUBMIT ORDER”, register, respond to a request for information, and/or begin downloading, accessing, or using this Site, whichever is earliest. NAC Marketing Company, LLC, reserves the right at any time and for any reason to deny you access to this Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and NAC Marketing Company, LLC, shall have the right to immediately terminate a user’s account in the event of any conduct by a user which NAC Marketing Company, LLC, in its sole discretion, considers to be unacceptable, or in the event of any breach by a user of these Terms and Conditions. Termination will be effective without notice. You may also terminate these Terms and Conditions at any time by ceasing to use the Site, but all applicable provisions of these Terms and Conditions will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of this Site in your possession. The provisions concerning NAC Marketing Company, LLC’s proprietary rights, Submissions, indemnity, disclaimers of warranty and liability, admissibility of these Terms and Conditions, and governing law will survive the termination of these Terms and Conditions for any reason.
You agree to indemnify, defend and hold NAC Marketing Company, LLC, and its affiliates and their respective officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, demands, liabilities, costs and/or expenses whatsoever (including without limitation reasonable legal fees disbursements) arising out of or resulting, directly or indirectly, from: (a) your breach of these Terms and Conditions; (b) your access to or use of this Site or any website to which this Site is or may be linked from time to time; (c) your use of, reliance on, or publication, communication or distribution of anything on or from this Site; and/or (d) your violation of any law, rule or regulation. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You acknowledge that any breach, threatened or actual, of these Terms and Conditions will cause irreparable injury to NAC Marketing Company, LLC, such injury would not be quantifiable in monetary damages, and NAC Marketing Company, LLC. would not have an adequate remedy at law. You therefore agree that NAC Marketing Company, LLC, shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms and Conditions. Accordingly, you hereby waive any requirement that NAC Marketing Company, LLC, post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to NAC Marketing Company, LLC, to enforce any provision of these Terms and Conditions.
Unless otherwise specified, the Information is presented solely for, and any coupons, promotions and programs are offered only to, residents of the United States of America, the US Virgin Islands, Puerto Rico and Guam. In addition, any contests or sweepstakes offered are offered only to residents of the United States of America. We make no representation that material on this Site is appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You can contact us via e-mail by clicking “Contact Us” on any NAC Marketing Company, LLC, page or send an e-mail directly to [email protected]. Please include information in the e-mail that will help us identify your account so we can assist you with your inquiry or request.
WAIVER & SEVERABILITY
Failure to insist on strict performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by NAC Marketing Company, LLC, of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a wavier of that same right or provision at any other time. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
SUCCESSORS AND ASSIGNS
We may perform any of our obligations or exercise any of our rights under these Terms and Conditions through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by, or is under common control with us). If NAC Marketing Company, LLC, or its assets are acquired by another entity, that entity will assume our rights and obligations as described in these Terms and Conditions. You may not assign your rights or obligations under these Terms and Conditions, by operation of law or otherwise, without our prior written consent.
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