Welcome to the VitaGAINS Web site. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. Your use of our Site constitutes your agreement to follow and be bound by these terms.

Terms and Conditions
VitaGAINS.com DOES NOT provide medical advice
The contents of the VitaGAINS site, such as text, graphics, images, and other material contained on the VitaGAINS site “content” are for educational purposes only. Nothing contained in this web site should be considered as 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 or the use of supplements. You should never disregard medical advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately.

General
VitaGAINS may change, move, or delete portions of, or may add to, our Site from time to time and without notice. Your use of VitaGAINS Site following any such change constitutes your agreement to follow and be bound by the terms as changed. From time to time there may be information on the VitaGAINS site that contains typographical errors, inaccuracies, or omissions. We may correct errors, inaccuracies, or omissions and change or update information at any time without notice.

Privacy
Please review our Privacy Policy, which also governs your visit to the VitaGAINS website, to better understand VitaGAINS privacy practices.

Use of Site; Disclaimer of Warranties
THIS WEB SITE, THE CONTENT, AND ANY AND ALL SERVICES OR PRODUCTS PROMOTED VIA THE WEB SITE ARE PROVIDED ON AN “AS IS” BASIS. The use of the web site, the Content and any product or service discussed or promoted via the web site is AT YOUR OWN RISK. When using the web site, information will be transmitted over a medium that is beyond the control and jurisdiction of VitaGAINS and its suppliers. Accordingly, VitaGAINS assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the web site.

VitaGAINS makes NO REPRESENTATIONS OR WARRANTIES that: (1) the services, Content, software, text, graphics, links or communications provided on or through use of the web site, by VitaGAINS or any third party, are accurate, reliable, complete, timely or error-free; (2) files available for downloading from or via this online site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties; (3) the results that may be obtained from the use of the Services or Content will be reliable; (4) the quality or efficacy of any product and/or service of any third party that is discussed, promoted, obtained, or purchased within or via the Site, its Services or Content will meet your expectations; or (5) any errors in the Services or Content will be corrected. If you are dissatisfied with VitaGAINS, any information found thereon, or with any VitaGAINS Terms of Use or Privacy Policy, your sole and exclusive remedy is to discontinue using VitaGAINSmd.com

VitaGAINS is not liable for any personal injury, including death, caused by your use or misuse of the Site or Content or by any products you purchase from a third party. In no event shall VitaGAINS or any third parties be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the web site or the Content whether based on warranty, contract, tort or any other legal theory, and whether or not VitaGAINS is advised of the possibility of such damages. Any liability of VitaGAINS shall be limited to the actual damages incurred by you, not to exceed U.S. $1000.

The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain warranties. Any claims arising in connection with your use of this web site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

Advertisement, Product Promotions and Links to other Sites
VitaGAINS discusses certain products and/or services of third parties on this web site. VitaGAINS makes no representations or warranties regarding the efficacy of these products and your use of any product or service that is discussed or promoted via the web site is at your own risk and is subject to these Terms of Use. Other than as noted herein, VitaGAINS does not endorse the content on any third-party websites. VitaGAINS is not responsible for the content of linked third-party sites, sites framed within the VitaGAINS web site, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

Site Content
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, testimonials, program guides and manuals, menus, and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, and/or other intellectual property owned, controlled, or licensed by VitaGAINS, Inc., and/or its subsidiaries and their affiliates. The Site as a whole is protected by copyright and trade dress, service marks, titles and interests in and to which are owned by VitaGAINS.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise or services from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

Indemnity
You agree to defend, indemnify and hold VitaGAINS, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

Waiver 
A failure on the part of VitaGAINS to enforce any part of this agreement shall not constitute a waiver of any of VitaGAINS rights under this agreement, whether for past or future actions on the part of any person. Only a specific written waiver signed by an authorized representative of VitaGAINS shall have legal effect.

Governing Law and Attorneys’ Fees

By accessing this website, VitaGAINS.com, user agrees that the laws of the State of Florida shall apply to all matters arising from or relating to the use and content of this website. Venue for any action brought hereunder shall be in the County of Broward. In the event of action to enforce any term, condition or covenant or to recover damages arising from breach, the prevailing party shall be entitled to recover reasonable attorney’ fees.

Severability
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.

Entire Agreement
This instrument, as modified from time to time as described above, and including the policies incorporated by reference, sets forth the entire understanding and Agreement of the parties relating to the subject matter hereof, and it supersedes any prior or contemporaneous understandings of any kind or nature. By agreeing to these terms, you represent that you are not relying on any agreement, representation or warranty pertaining to the subject matter hereof that is not expressly set forth herein.

Contact Information for Questions or Concerns
If you have a complaint or problem, including removing your information from our systems, please email us at customerservice@VitaGAINS.com. Our customer service department will forward your complaint to the appropriate internal VitaGAINS department for a response or resolution. We try to answer every email within 48 business hours, but may not always able to do so. If you do not receive adequate resolution of a privacy related problem, you may write or contact VitaGAINS at:

VitaGAINS, Inc.
Attn: Webmaster/Marketing
2699 Stirling Rd. C-403C

Ft. Lauderdale, Fl 33312-6557
Telephone: 1-888-99-Gains (Toll Free )