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Terms of Use Agreement ("Agreement") sets forth the agreement between First Due Nutrition (collectively, "First Due Nutrition" or "we") and each user ("you" or "user") governing the use by you of our website (www.firstduenutrition.com), mobile site and all mobile apps (collectively the “Sites”). Please read this Agreement carefully before using any of the Sites. By using any of the Sites, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use any of the Sites.
The terms of this Agreement may change from time to time. We will notify you of any material changes by posting a notice on www.vitaminshoppe.com for a reasonable period of time after such changes are made, and by changing the "Last Updated" date at the top of this webpage. We encourage you to check this page periodically for any changes. Your continued use of any of the Sites following the posting of changes to this Agreement will mean you accept those changes.
In addition, when using particular services or features or making purchases on any of the Sites, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.
This site is not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through this Site, including information that may be provided on the Site directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your physician or other healthcare professional (collectively, "Healthcare Professional") regarding any medical or health-related diagnosis or treatment options.
The products and the claims made about specific products on or through this site have not been evaluated by the United States Food and Drug Administration and are not intended to diagnose, treat, cure or prevent disease. The information provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem. WEIGHT MANAGEMENT: Supports a weight management program that includes exercise and a calorie, carbohydrate, or fat restricted diet.
None of the Sites are not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through any of the Sites, including information that may be provided on any of the Sites directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your physician or other healthcare professional (collectively, "Healthcare Professional") regarding any medical or health-related diagnosis or treatment options. The information provided on any of the Sites and Linked Sites (as defined), including information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. Again, it is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging.
You should not use the information or services on any of the Sites for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always consult with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements. The Vitamin Shoppe employees are encouraged to voluntarily participate in our forums including describing their experiences with specific products. Any comments made by employees in these forums or in reviewing products are strictly their own personal views made in their personally capacity. These comments are not claims made by First Due Nutrition nor do they represent the view or position of First Due Nutrition.
If you make a purchase on any of the Sites, your purchase will be subject to the terms of our Purchase Policy, which is hereby incorporated into and made part of this Agreement. Please review our Purchase Policy before making any such purchase. By submitting payment information in connection with any such purchase, you agree to be bound by the terms of our Purchase Policy.
Use of any of the Sites is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy. By using any of the Sites, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of any of the Sites, account registration, and any other personal information provided by you in accordance with our Privacy Policy.
You acknowledge that all materials on any of the Sites, including any of the Sites’ design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of First Due Nutrition or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on any of the Sites, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of First Due Nutrition or the respective copyright owner. First Due Nutrition authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos contained or described on any of the Sites are the sole property of First Due Nutrition and/or its suppliers or licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of First Due Nutrition and/or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of First Due Nutrition and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of First Due Nutrition will enforce its intellectual property rights to the fullest extent of the law.
Links on any of the Sites to third party websites are provided only as a convenience to you. If you use these links, you will leave the Sites. First Due Nutrition does not control or endorse any such third party websites. You agree that First Due Nutrition Parties will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.
Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of any of the Sites, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
You are required to establish an account on this Sites in order to take advantage of certain features of the Sites, such as making a purchase. If you provide information on any of the Sites, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by any of the Sites, and (b) maintain and promptly update such information to keep it true, accurate, current and complete to the extent the Sites facilitates such updates. If you provide any information that is false, inaccurate, outdated or incomplete, or First Due Nutrition has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, First Due Nutrition has the right to suspend or terminate your account and prohibit any and all current or future use of any of the Sites (or any portion thereof) by you.
You will create a username and password while completing the account registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify First Due Nutrition of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on any of the Sites, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying First Due Nutrition.
You agree to use this Sites only for lawful purposes, and that you are responsible for your use of and communications on any of the Sites. You agree not to post on or transmit through any of the Sites any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use any of the Sites in any manner that interferes with its normal operation or with any other user's use and enjoyment of any of the Sites.
You further agree that you will not access any of the Sites by any means except through the interface provided by First Due Nutrition for access to any of the Sites. Creating or maintaining any link from another website to any page on any of the Sites without the prior written authorization of First Due Nutrition is prohibited. Running or displaying any of the Sites or any information or material displayed on any of the Sites in frames or through similar means on another website without the prior written authorization of First Due Nutrition is prohibited. Any permitted links to any of the Sites must comply with all applicable laws, rule and regulations.
First Due Nutrition makes no representation that Materials contained on any of the Sites or products described or offered on any of the Sites are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use any of the Sites and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access any of the Sites from any territory where its contents are illegal, and that you, and not First Due Nutrition Parties, are responsible for compliance with applicable local laws.
This Agreement is effective unless and until terminated by either you or First Due Nutrition. You may terminate this Agreement at any time, provided that you discontinue any further use of the Sites. First Due Nutrition also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to any of the Sites, in First Due Nutrition's sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or First Due Nutrition. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from any of the Sites, as well as all copies of such materials, whether made under the terms of use or otherwise. First Due Nutrition reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the Sites (or any part thereof) with or without notice.
You agree that First Due Nutrition may terminate or suspend your access to all or part of any of the Sites, without notice, for any conduct that First Due Nutrition, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user or First Due Nutrition Parties.
Sections IV, VII through X shall survive any termination of this Agreement.
If any provision of this Agreement is deemed illegal or unenforceable, the remainder of this Agreement shall continue to be fully valid, binding, and enforceable. When used in this Agreement, the term "including" shall be deemed to be followed by the words "without limitation."
This Agreement constitutes the entire and only Agreement between First Due Nutrition and each user of any of the Sites with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
The failure of First Due Nutrition to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement.