Last updated: June 28, 2021
- “Suppliers” means third-party manufacturers or brand owners who make their products available for purchase through Vitapod.
- “Supplier Materials” means Suppliers’ trademarks, logos, product/model photos and images, product information, advertisements, links, and other materials that are provided by Suppliers for use or display on this Site.
- “User Content” means anything originated by users, such as user-generated photos, images, videos, messages, ideas, suggestions, comments, reviews, testimonials, etc., but excluding the following: (i) users’ account information and purchase information (including their billing and payment information); and (ii) anything that is copied or derived by users from Vitapod-owned material. To the extent User Content contains users’ names, voices, likenesses, photographs, biographical information, etc., all such identifying elements will be deemed part of User Content.
USE OF THIS SITE
- Eligibility. By using this Site, you represent and warrant that you have reached the age of majority in your state and country of residence and have full legal capacity to enter into a legally binding contract with Vitapod.
- Compliance with Applicable Laws. Use of this Site is subject to all applicable laws and regulations. You acknowledge and agree that it is solely and entirely your responsibility to comply with all laws and regulations applicable to your use of this Site. Use of this Site by you is prohibited if such use would be deemed illegal under applicable laws or regulations in the jurisdiction in which you reside.
- International Use. This Site is hosted and operated within and from the U.S. Vitapod does not represent or warrant that this Site will be appropriate or available for use in locations outside the U.S. If you access this Site from a location outside the U.S., you acknowledge and agree that you do so of your own volition and at your own risk and that you are solely and entirely responsible for complying with all applicable local laws and regulations.
- The Vitapod name and logo are trademarks of Vitapod. Suppliers’ names and logos appearing on this Site are trademarks of their respective owners.
- Electronic Communications. When you use this Site, you are communicating with us electronically, and you consent to receiving communications from us electronically, including emails, push messages, in-app messages, and messages posted to your account on this Site. You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that the same be in writing.
- Mobile Service Charges. By using this Site on a mobile device (including downloading any Site Content onto a mobile device), you acknowledge and agree that standard carrier charges may apply and that depending on your wireless service plan, your wireless carrier may impose data and/or other charges when you use this Site, and that any and all such charges will solely be your responsibility.
- Account Registration. By registering an account on this Site, you represent and warrant that all account information you submit is your own information and is truthful and accurate. You acknowledge and agree that we may immediately suspend or terminate your account and your access to this Site if we have any reason to believe that you have misrepresented or provided false account information to us. It is your responsibility to notify us of any change in your account information, including your contact information. As the account holder, you are responsible for safeguarding your account login information, and you must notify us immediately in the event your account login has been stolen, lost, or used by another without your permission. If you allow others to use your account, you are responsible for all their activities on your account.
Prohibited Uses. Any unauthorized or unlawful use of this Site or any Site Content is strictly prohibited. Specifically, you shall not:
- use this Site, any Site Content or any Supplier Materials for any unlawful purpose, including, without limitation: operating any scam or fraudulent scheme (such as a pyramid or ponzi scheme); impersonating another, or making unauthorized use of another’s information; disseminating junk email, spam, or other unsolicited and unwanted messages or communications; or collecting personal information from or about others without their knowledge or consent, including through “phishing” or under any other false pretense;
- use this Site to submit, upload, store, display, transmit, publish or distribute any User Content that: (i) is unlawful; threatening; harassing; abusive; hateful; discriminatory; derogatory; obscene; vulgar; pornographic; excessively violent; false, deceptive or misleading; defamatory or libelous; or otherwise offensive; (ii) promotes, solicits or aids crimes or illegal activities; (iii) promotes or solicits violence; (iv) promotes or solicits gambling, public intoxication, underage drinking, or drug abuse; (v) promotes or solicits animal cruelty; (vi) contains, promotes, or links to fake offers, scams, or other fraudulent schemes (such as pyramid schemes and ponzi schemes); (vii) contains, promotes, or links to viruses, worms, Trojan horses, spyware, malware, ransomware, or other malicious, harmful or disruptive code or material that is designed to damage, interfere with, intercept, lock out, or expropriate any software, hardware, information or data; or (viii) violates or misappropriates another’s copyright, trademark, trade secret, patent, right of publicity, right of privacy, contractual right, or other property or proprietary right of any kind (including, without limitation: using another’s name, likeness, photo, or other identity without consent);
- copy, reproduce, distribute, sell, lend, rent, lease, or modify, translate, or otherwise make derivative works from, this Site, any Site Content or any Supplier Materials;
- use this Site for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes, including, without limitation, for the purpose of developing any product or service to compete against Vitapod;
- interfere in any way with the operation of this Site, or any server, network or system associated therewith, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of this Site, or any server, network or system associated therewith; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you, or accessing another’s account that you are not expressly authorized to access;
- use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, or automated agents or scripts) to access this Site, or to register multiple accounts on this Site, or to generate automated searches, requests, or queries to this Site, or to strip, scrape, extract, or mine data or information from this Site (except, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from this Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file);
- remove, erase, conceal, alter, or otherwise tamper with any Vitapod or third-party intellectual property, attribution, or other legal notices that appear on this Site, any Site Content or any Supplier Materials;
- frame, or otherwise create a browser or border environment around, any portion of this Site, any Site Content or any Supplier Materials;
- use any Site Content or any Supplier Materials: (i) for advertising, promotional, marketing, sale, or any other commercial or for-profit purposes (unless with the express prior written consent of Vitapod); (ii) in any way that falsely suggests or implies an association or affiliation with, or endorsement, sponsorship or approval by, Vitapod; or (iii) in any way that defames or disparages Vitapod or its Suppliers; or
User Content. By submitting User Content on this Site (whether your submission is solicited or unsolicited), you expressly acknowledge and agree as follows:
- Your submission is voluntary and consensual and is made without any condition or reservation of rights, including, without limitation, any condition of compensation, payment, credit, attribution, secrecy or confidentiality. No contractual, fiduciary or confidential relationship of any kind (whether express or implied) is created between you and Vitapod by reason of your submission. Your submission is not returnable and may be retained indefinitely by Vitapod and its successors and assigns.
- You represent and warrant that: (1) your submitted User Content does not contain private or confidential information; (2) does not violate any third-party right or any applicable law; (3) that you own such User Content and (4) you have all rights and have obtained all necessary consents to submit such User Content to Vitapod and grant the license referred to in Section 2.13.3 below.
- You expressly grant to Vitapod and its successors and assigns a non-exclusive, irrevocable, worldwide, perpetual, royalty-free, freely sublicensable, freely assignable and transferable, unlimited and unrestricted license to use, copy, reproduce, store, archive, modify, excerpt, adapt, translate, prepare derivative works based upon, publicly perform, publicly display, exhibit, broadcast, stream, publish, distribute, and otherwise exploit your submitted User Content and materials derived therefrom, in whole or in part, for any and all purposes (whether commercial or noncommercial, including, without limitation, for advertising, marketing, promotion, publicity, and product/service development, manufacturing, sale and distribution purposes) and in any and all media (whether now known or hereafter developed, including, without limitation, all forms of print, broadcast, electronic, Internet and social media) (collectively, “Licensed Uses”); it being understood and agreed that you will not have any right or claim to any compensation, payment, credit, attribution, notice, approval or inspection, and Vitapod and its successors and assigns will not have any duty, obligation or liability to you whatsoever, with respect to any Licensed Uses of your submitted User Content. The aforementioned license will continue and remain in full force and effect even if you subsequently cease using this Site or terminate your account with Vitapod or delete your submitted User Content from your account.
Linking to Vitapod. You may link to this Site, provided that you comply with the following terms and conditions:
- Your link must be a text-only link. The Vitapod logo may not be used for linking purposes, except with the express prior written consent of Vitapod.
- You do not frame or otherwise create a browser or border environment around any portion of this Site or any Site Content.
- You do not link to this Site from any adult or sexually oriented website.
- You do not misrepresent or falsely suggest that your website or product or service is sponsored, endorsed or approved by, or affiliated with, Vitapod.
You do not disparage Vitapod, or publish false, misleading or inaccurate information about Vitapod.
You also acknowledge and agree that Vitapod is under no obligation to support your link to this Site and may block traffic from your website at any time and for any reason.
By using this Site, you agree to (i) indemnify and hold harmless Vitapod and its Suppliers (including their respective officers, directors, employees, agents and representatives) (collectively, “Vitapod and Related Parties”) from and against any claim, action, suit, proceeding or investigation brought by a third party (hereinafter, a “Third Party Claim”) and (ii) pay any and all damages, settlements, judgments, awards, fines, costs and expenses (including, without limitation, court costs and attorneys’ fees) associated with such Third Party Claim, to the extent such Third Party Claim arises out of or relates to any of the following:
- your use or misuse of, or your reliance upon, this Site or any Site Content or another’s User Content;
- any of your User Content;
- your use or disposal of any product purchased from this Site; or
- your use of any Third-Party Site/Product/Service.
- NOTE: This provision does not require you to indemnify any of Vitapod and Related Parties for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with this Site.
- Vitapod reserves the right, at your expense, to assume the legal defense of a Third-Party Claim for which you are required to indemnify Vitapod and its Suppliers, and you agree to fully cooperate with Vitapod in such legal defense. You agree not to settle any Third-Party Claim for which you are required to indemnify Vitapod and its Suppliers, without the express prior written consent of Vitapod. Vitapod will use reasonable efforts to notify you in the event Vitapod receives notice of a Third Party Claim for which you are required to indemnify Vitapod and its Suppliers; however, Vitapod’s failure to so notify you will not in any way excuse or relieve you from your indemnity obligations hereunder.
- By using this Site, you agree to (i) indemnify and hold harmless Vitapod and its Suppliers (including their respective officers, directors, employees, agents and representatives) (collectively, “Vitapod and Related Parties”) from and against any claim, action, suit, proceeding or investigation brought by a third party (hereinafter, a “Third Party Claim”) and (ii) pay any and all damages, settlements, judgments, awards, fines, costs and expenses (including, without limitation, court costs and attorneys’ fees) associated with such Third Party Claim, to the extent such Third Party Claim arises out of or relates to any of the following:
Disclaimer of warranties; Limitations of Liability.
By using this Site, you acknowledge and agree as follows:
- THIS SITE (INCLUDING ALL SITE CONTENT AND ANY SUPPLIER MATERIALS) AND ALL USER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, VITAPOD AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE (INCLUDING ALL SITE CONTENT) AND ALL USER CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, VITAPOD AND ITS SUPPLIERS DO NOT WARRANT THAT: (A) THIS SITE (INCLUDING ALL SITE CONTENT) AND ALL USER CONTENT WILL BE ACCURATE, ERROR-FREE, UP TO DATE, COMPLETE, OR USEFUL, OR WILL BE UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECT OR ERROR IN THIS SITE (INCLUDING ANY SITE CONTENT) OR IN ANY USER CONTENT WILL BE CORRECTED; OR (C) THIS SITE (INCLUDING ALL SITE CONTENT) AND ALL USER CONTENT WILL BE SECURE AND FREE OF ANY VIRUS OR OTHER HARMFUL COMPONENT.
- EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL VITAPOD AND/OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER USER (WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OR CORRUPTION OF DATA, LOSS OF BUSINESS, PROFIT, REVENUE OR GOODWILL, OR LOST OR WASTED STAFF TIME) ARISING OUT OF OR RELATED TO THIS SITE OR ANY SITE CONTENT, OR ANY USER CONTENT, OR THE PROVISION OR USE OF ANY OF THE FOREGOING, EVEN IF VITAPOD AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
- IN NO EVENT SHALL VITAPOD AND/OR ITS SUPPLIERS BE LIABLE TO YOU IN CONNECTION WITH A PURCHASE YOU MAKE ON THIS SITE, FOR ANY DAMAGES IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID BY YOU FOR THE PURCHASE.
- BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, DAMAGES OR LIABILITIES, SOME OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. ACCORDINGLY, NOTHING IN THIS SECTION 2.17 AFFECTS ANY WARRANTIES, DAMAGES OR LIABILITIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
PROVISIONS RELATING TO MAKING PURCHASES.
- Nature of the Site. The of goods and products from time to time displayed on this Site (such goods and products being “Goods”) is not an offer for sale but an invitation for you to make an offer to purchase at the prices of such Goods from time to time displayed on this Site (such prices being the “Prices”). Vitapod is not obliged to sell such goods at such Prices.
- To place an order to purchase goods from time to time shown on this Site (“Goods”), you simply add the desired Good(s) to your shopping cart, proceed to check out, where you submit your order. You can complete and submit your order either as a guest or by creating an account on this Site.
By submitting an order:
- you expressly authorize Vitapod to charge (through its payment processing vendor) to the credit card or PayPal account specified by you, the full transaction amount payable in respect of your order, such amount being the total Price of the Ordered Goods plus all shipping/handling charges (in accordance with Section 3.6) and all applicable taxes (in accordance with Section 3.7) payable in respect of the sale and supply of the Ordered Goods (such amount being the “Transaction Amount”).
- Vitapod may, in its absolute discretion, accept or reject any order submitted by you. Any such acceptance will be conditional upon full payment by you, in advance, of the Transaction Amount and Vitapod will reject or cancel an order if your credit card or PayPal account is declined for any reason.
- Vitapod also reserves the right to cancel any order for any reason, including, without limitation: product unavailability; errors in product or pricing information; errors in billing or shipping information; and fraud prevention. In order to protect against fraud and unauthorized purchases, Vitapod also reserves the right, prior to processing an order, to verify the account holder of the credit card or PayPal account used to place the order.
Upon acceptance of an order submitted by you:
- Vitapod will send you, via email, a printable receipt detailing your purchase with effect from such acceptance (a “Purchase Receipt”). Please save your Purchase Receipt and you will need it if you wish to check your order status or cancel your order.
- The Prices set out on this Site are subject to change without notice.
- The Price charged for any Ordered Goods will be the Price in effect at the time the order is placed and will be set out on the Purchase Receipt.
- Prices do not include shipping/handling charges or any applicable taxes. All Prices and other charges are in U.S. Dollars, unless expressly otherwise stated.
- While Vitapod makes reasonable efforts to display price information as accurately as possible, errors may occur. If Vitapod discovers an error in the Price of any Goods you have ordered, Vitapod will notify you of the error as soon as possible and will give you the option of reconfirming your order at the correct Price or cancelling your order. If Vitapod is unable to get in contact with you within 24 hours, Vitapod will treat your order as cancelled. If your order is canceled by Vitapod due to a pricing error and you have already been charged for the Ordered Good(s), you will receive a full refund. In no event will Vitapod be obligated to sell you any Goods at the incorrect price.
- Product Information. Information and images relating to the Goods and displayed on this Site are for general informational purposes only, may contain errors, and are subject to change. Vitapod makes no warranty (express or implied) that such information and images on this Site will be accurate in all respects. Also, depending on the screen quality and settings of your computer or mobile device, the color or finish of the Goods that you see on your computer or mobile device may differ from actual color or finish, and Vitapod makes no warranty (express or implied) that color or finish of the Goods that you see on your computer or mobile device will accurately reflect actual color or finish of the Goods. If you have questions about any Goods you see on this Site, please reach out to us using our Contact Us page.
- Product Availability. Vitapod does not guarantee the availability of any Goods displayed on this Site. Vitapod reserves the right, without notice or liability to you, to change, discontinue or stop the offering of any Goods.
Shipping and Delivery.
- For each order you will specify your delivery location as part of the check-out process which can only be a location in the U.S. (the “Delivery Location”).
- If no-one is available to collect the Ordered Goods when they arrive at the Delivery Location, we will leave the Ordered Goods in accordance with any instructions that you give us as part of the check-out process, then we will deliver or retain the Ordered Goods in accordance with our delivery agent’s policy from time to time in force but the risk of loss in the Ordered Goods shall pass to you from the time of our first attempt to deliver the Ordered Goods.
- Risk in and title to the Ordered Goods shall pass on the first arrival of the Ordered Goods at the Delivery Location, and as such, whether or not anyone is available to take receipt of such Ordered Goods, you shall be responsible for the Ordered Goods from that point forward and you shall be liable for any loss or damage to the Ordered Goods after they arrive at the Delivery Location.
- Shipping/handling charges depend on the location of the delivery Location and shipping method you select at checkout, and will be added to your order total, and will be set out as a separate item in your shopping cart and on your Purchase Receipt. Vitapod will deliver the Ordered Goods in accordance with the delivery method that you select as part of the checkout process Vitapod makes no representation or warranty (express or implied) as to the time of delivery and time is not of the essence to delivery or Ordered Goods.
- Taxes. Depending on the shipping destination of your order, sales tax, value-added tax (VAT), customs duty, and/or other government-assessed charges (collectively “Taxes”) may apply to your order. By making a purchase on this Site, you agree to be solely responsible for paying all Taxes applicable to your purchase. Where required by law, applicable Taxes will be added to your order total at checkout and will be set out as a separate item in your shopping cart and on your purchase receipt.
- Order Cancellation. Until such time an order is shipped (i.e., before it is picked up by the shipping carrier from Vitapod’s warehouse), you may cancel or modify it by contacting our Customer Service team via the Contact Us page. Once an order has been shipped, it CANNOT be cancelled or modified. In such case, if you no longer want the product, you should wait for the package to arrive and then return the package in accordance with Vitapod’s return policy (see Section 3.10 below).
Representations and Warranties by you.
A valid credit card that is accepted by us (Visa, MasterCard, American Express, etc.) or a valid third-party payment account that is accepted by us (PayPal, Apple Pay, Google Pay, etc.), is required for making a purchase on this Site. By making a purchase on this Site, you represent and warrant that:
- all billing and payment information you provide to Vitapod is truthful and accurate; and
- you are the holder (or an authorized user) of the credit card or PayPal account you use to pay for your order, and the account is active and has sufficient funds to cover the full transaction amount of your order (i.e., product price plus shipping/handling charges and applicable taxes).
- A valid credit card that is accepted by us (Visa, MasterCard, American Express, etc.) or a valid third-party payment account that is accepted by us (PayPal, Apple Pay, Google Pay, etc.), is required for making a purchase on this Site. By making a purchase on this Site, you represent and warrant that:
Vitapod Machines and Vitapod Machine Starter Kits are non-refundable. All sales are final. If there is an issue with your machine, it may be covered under the 1 year warranty that comes with every machine order.
The Vitapod Go and Vitapod Go Starter Kits are return eligible if unopened and unused, within 14 days of the shipment date. To begin a return, please contact customer service. The customer will be responsble for all return postage.
All pod sales are final. Since they are a food product, we unfortunately cannot accept any returns on pods at this time.
- Please note: Unless the item is defective, you will be responsible for shipping costs to send the item back to us.
- For these purposes “Ineligible Items” for return include final sale items, gift cards, customized products, and Goods intended for human consumption where the packaging for such Goods has been opened or tampered with.
FOR THE AVOIDANCE FO DOUBT, THE LIMITATIONS SET OUT IN SECTION 2.17 (ABOVE) SHALL, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, APPLY TO VITAPOD’S LIABILITY TO YOU IN RESPECT OF ANY AND ALL GOODS PURCHASE VIA THIS SITE.
Gift Cards. Vitapod gift cards are available for purchase on this Site as electronic cards (i.e., e-gift cards). Unless expressly otherwise stated by Vitapod, the following terms and conditions apply to Vitapod gift cards:
- All gift card sales are FINAL. Purchased gift cards are NON-RETURNABLE and NON-REFUNDABLE.
- Gift cards are only redeemable for purchases from this Site and are not redeemable for cash or credit (except that a gift card with a cash value of less than ten dollars ($10) is redeemable in cash for its cash value).
- Gift cards are not reloadable.
- A gift card cannot be used to purchase another gift card.
- Promo codes and discounts do not apply to the purchase of gift cards.
- Gift cards do not expire as long as there is value remaining on the cards.
- Please safeguard your gift card and do not share card number or PIN with others. Vitapod cannot replace or replenish gift cards that are lost, stolen, or used without authorization.
Discounts/Promo Codes. Vitapod may from time to time offer discounts/promo codes to eligible customers for use toward purchases on this Site. Unless expressly otherwise stated by Vitapod, use of such discounts or promo codes is subject to the following terms and conditions:
- Discounts/promo codes are valid for a limited time only. Vitapod may modify or discontinue them at any time.
- Discounts/promo codes apply only to qualifying items (as specified by Vitapod) that are in stock while supplies last. Discounts/promo codes cannot be used for pre-orders or backorders. Other restrictions may apply.
- Vitapod may limit the quantity of Goods that can be purchased with discounts/promo codes.
- Discounts/promo codes can be used only once.
- Discounts/promo codes cannot be combined with other offers, unless otherwise specified by Vitapod.
- Discounts/promo codes can only be used toward purchases made on this Site and are not redeemable for cash or credit.
- Discounts/promo codes cannot be applied toward previous purchases.
- Discounts/promo codes do not apply to shipping or handling charges or applicable taxes.
- Where a discount/promo code has a minimum purchase requirement, shipping and handling charges and applicable taxes do not count toward the minimum purchase amount.
- The entire value of a discount/promo code must be used in a single transaction. No refund or credit will be given for any leftover value.
- If you return an item purchased using a discount/promotion code, Vitapod will subtract the value of the discount/promotion code from your return credit or refund.
Subscription Modifications and Cancellation.
To change the pod pouch associated with your monthly subscription, please email email@example.com. You may delay or cancel your subscription at any time by logging into your account at vitapodworld.com. To delay or cancel your subscription, please login to your account on vitapodworld.com and selection the subscriptions option. Follow instructions for delaying or cancelling your subscription at that time. You must delay or cancel 24 hours before your subscription renewal date, which will be 30 days after your most recent billing cycle. If you choose to delay or cancel your membership, you will continue to receive any benefits you have already purchased until your subscription lapses. No customers will be eligible for a prorated refund for any portion of a delayed or canceled subscription. If you have any issues changing, delaying or cancelling your subscription, please email firstname.lastname@example.org.
- Dispute Resolution by Binding Arbitration and Class Action Waiver; Choice of Law.
- We encourage you to contact our Customer Service department if you have concerns or complaints about Vitapod. Generally, customer complaints can be satisfactorily resolved in this way. If we cannot resolve your concerns informally, disputes between you and Vitapod shall be resolved pursuant to this Section 4.1.
- Arbitration is more informal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts. Under this Agreement, arbitrators can award the same individual relief affecting individual parties that a court can award, including damages and an award of attorneys' fees, if the applicable law allows. BY AGREEING TO RESOLVE DISPUTES THROUGH ARBITRATION, YOU AND VITAPOD AGREE TO EACH UNCONDITIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR COURT (except small claims court). Instead of arbitration, either party may bring an individual action in a small claims court for disputes or claims that are within the scope of the small claims court's authority.
- The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction.
- In the event that you are able to demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to costs of litigation, Vitapod will pay as much of your arbitration filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. Vitapod also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration. However, Vitapod will not pay your share of the arbitration fees if the arbitrator finds that either your claim or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b).
- YOU AND VITAPOD AGREE THAT ANY CLAIMS BROUGHT BY YOU OR VITAPOD WILL BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND WILL NOT BE BROUGHT AS A CLASS, REPRESENTATIVE, COLLECTIVE OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. You and Vitapod agree to seek only such individual relief – whether in the form of individual damages, an individualized injunction, or other non-monetary individual relief – as is necessary to resolve any individual injury that either you or Vitapod has suffered or may suffer.
- The requirement that claims be brought in binding arbitration only in an individual capacity and not as a representative, private attorney general, or class member (“Class Action Waiver”) is non-severable. If the Class Action Waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, with the exception of the next sentence. In the event the Class Action Waiver is found to be unenforceable, or in the event the agreement to arbitrate is found to not apply to a dispute, that such action between you and Vitapod shall proceed in the federal or state courts located in Santa Clara County, California.
- Events Outside Our Control. We will not be liable or responsible to you for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (a "Force Majeure Event"). This includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (but is not limited to) the following: (i) strikes, lockouts or other industrial action; (ii) fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster; (iii) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport (iv) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation of war; (v) impossibility of the use of public or private telecommunications networks; or (vi) the acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use all reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Other Important Terms.
- Nothing in these Terms and Conditions shall affect your statutory rights as a consumer under the applicable law in the jurisdiction in which you are resident.
- You may not transfer, assign, charge or otherwise dispose of any of your rights or obligation arising under this agreement, without our prior written consent.