Please read these Terms carefully.
These Terms contain a binding individual arbitration provision, a class-action waiver, and a jury-trial waiver. They affect how disputes between you and 4VitaHealth LLC may be resolved.
1. Acceptance of These Terms
These Terms of Use, together with our Privacy Policy , Refunds & Returns Policy , any product-specific terms, and any terms presented during checkout form a binding agreement between you and 4VitaHealth LLC, an Arizona limited liability company.
In these Terms, “4VitaHealth,” “we,” “us,” and “our” mean 4VitaHealth LLC. “You” and “your” mean the person accessing the Website or purchasing or using a product or service.
“Website” means 4VitaHealth.com and any website, landing page, checkout-related page, customer portal, application, or online service operated by us that links to these Terms.
By accessing or using the Website, creating an account, submitting an order, enrolling in a subscription, clicking a button indicating acceptance, or otherwise using our products or services, you acknowledge that you have read, understood, and agreed to these Terms.
If you do not agree to these Terms, do not use the Website, create an account, submit an order, or enroll in a subscription.
2. Eligibility
You must be at least 18 years old and legally capable of entering into a binding contract to purchase products, create an account, or enroll in a subscription.
The Website and our products are intended for adults. They are not directed to children under 13, and we do not knowingly request personal information from children under 13.
By using the Website or placing an order, you represent that the information you provide is accurate, that you satisfy these eligibility requirements, and that your use is lawful where you are located.
3. Medical and Dietary Supplement Disclaimer
The Website provides general educational and informational content. It does not provide medical advice, diagnosis, treatment, prescribing, psychotherapy, or emergency services. Website content is not a substitute for care from a physician, pharmacist, mental-health professional, or other qualified healthcare provider.
Always consult a qualified healthcare professional before beginning a dietary supplement, nutrition program, sleep program, exercise program, or other health-related program, particularly if you:
- Are pregnant, nursing, or trying to become pregnant
- Take prescription or over-the-counter medication
- Have a diagnosed or suspected health condition
- Are preparing for surgery or another medical procedure
- Have allergies or sensitivities to any listed ingredient
- Are under the care of a healthcare professional
Read the product label, ingredient list, warnings, suggested-use directions, and packaging before using a product. Do not exceed the suggested use. Stop using a product and seek appropriate medical care if you experience an adverse reaction.
In a medical or mental-health emergency, call 911 or contact an appropriate emergency service. Do not rely on the Website, email, social media, or customer support for emergency care.
Statements regarding dietary supplements have not been evaluated by the United States Food and Drug Administration. Dietary supplements are not intended to diagnose, treat, cure, or prevent any disease.
Individual experiences and results vary. Testimonials, reviews, examples, and personal experiences do not guarantee that you will achieve the same or similar results.
4. Product Information and Availability
We make reasonable efforts to present accurate product descriptions, ingredient information, images, pricing, availability, and other information. Packaging, labels, appearance, ingredients, sourcing, and other product details may change when lawful and appropriate.
You are responsible for reviewing the label and packaging that accompany the product before use. If information on the Website differs materially from the product label, contact Customer Support before using the product.
Colors and images displayed on a screen may not precisely reflect the physical product. Product images may contain props or suggested serving presentations that are not included with a purchase.
We may correct errors, update information, limit quantities, discontinue products, or change availability at any time. If a material error affects an order already placed, we may contact you, cancel the affected item, and issue an appropriate refund.
Products are offered only where lawful. We may decline or cancel an order when required by law, retailer or payment-processor requirements, inventory limitations, suspected fraud, misuse, resale activity, shipping restrictions, or other legitimate business reasons.
5. Personal Use and Resale
Products purchased through the Website are sold for personal or household use unless we expressly authorize resale or commercial distribution in writing.
You may not purchase products for unauthorized resale, relabeling, repackaging, export, diversion, marketplace listing, or distribution through an unauthorized sales channel.
We may limit quantities, reject orders, cancel orders, restrict accounts, or decline future sales when we reasonably believe products are being purchased for unauthorized resale or distribution.
6. Orders and Order Acceptance
Your submission of an order is an offer to purchase the products shown in the order. An automated confirmation acknowledges receipt but does not necessarily constitute final acceptance.
We or the applicable retailer or payment processor may verify payment, billing information, shipping information, product availability, purchase limits, and suspected fraud before accepting or fulfilling an order.
We reserve the right to reject, limit, or cancel an order before shipment. If payment has already been collected for an order that is canceled, the applicable retailer or payment processor will issue an appropriate refund to the original payment method.
We may cancel multiple orders associated with the same customer, household, payment method, address, device, or account when we reasonably believe purchase limits, promotional restrictions, or fraud-prevention controls are being avoided.
7. Prices, Promotions, Taxes, and Payment
The price, billing frequency, shipping charge, discount, tax, and total amount applicable to an order are shown during checkout. Prices and promotions may change for future orders.
You authorize the retailer or payment processor identified at checkout to charge the payment method you provide for the purchase price, applicable taxes, disclosed shipping charges, and any recurring charges to which you expressly agree.
You represent that you are authorized to use the payment method submitted with the order. You agree to provide current, complete, and accurate billing and contact information.
Applicable sales, use, excise, value-added, or similar taxes may be calculated and added during checkout by us, ClickBank, or another authorized retailer or payment processor.
Promotions, coupon codes, gifts, subscription discounts, introductory offers, and bonuses may be subject to additional eligibility limits, expiration dates, quantity restrictions, and exclusions disclosed with the offer.
Unless expressly stated otherwise, promotions may not be combined, applied retroactively, transferred, sold, duplicated, or redeemed for cash. We may reject or cancel fraudulent, manipulated, unauthorized, or abusive promotional use.
8. Purchases Processed by ClickBank
Certain purchases are processed by ClickBank. For those transactions, ClickBank acts as the authorized retailer and processes the customer’s payment.
A ClickBank charge may appear on a financial statement using ClickBank’s current billing descriptor. Customers should review the order receipt for the descriptor associated with their transaction.
ClickBank’s role as retailer does not constitute an endorsement, approval, or independent review of our products, advertising, claims, statements, or opinions.
ClickBank purchases are also subject to the customer terms, billing information, refund period, return procedure, cancellation procedure, and other conditions displayed by ClickBank during checkout or associated with the customer’s order.
Customers may locate a ClickBank order, request an eligible refund, review return instructions, or cancel an active ClickBank subscription through the ClickBank Order Support portal .
When ClickBank’s terms or order records establish a specific refund or cancellation procedure for a ClickBank transaction, that procedure controls the processing of the ClickBank refund or cancellation.
9. Shipping and Delivery
Shipping methods, charges, destination restrictions, and estimated delivery times are shown during checkout or in the applicable shipping information.
Delivery dates are estimates and are not guaranteed. Delays may result from carriers, weather, natural events, address problems, inventory issues, customs, government action, labor disruption, or circumstances outside our reasonable control.
You are responsible for providing a complete and accurate delivery address. Contact Customer Support promptly if you discover an error. We cannot guarantee that an address can be changed after processing or shipment has begun.
You may be responsible for reasonable additional costs associated with reshipping an order returned because of an incorrect, incomplete, refused, or undeliverable address, except where prohibited by law or where the problem was caused by us.
Contact Customer Support promptly if tracking shows delivery but the package was not received, or if a shipment is damaged, incomplete, or incorrect. We may request order details, photographs, carrier information, or other reasonable documentation needed to investigate the issue.
10. Subscribe & Save and Recurring Billing
When you select Subscribe & Save or another recurring purchase option, you are enrolling in an automatically renewing subscription.
Before enrollment, the checkout will display the product, recurring price, billing frequency, shipping terms, cancellation method, and other material subscription terms. By affirmatively selecting the subscription option and submitting the order, you authorize recurring charges to your selected payment method until the subscription is canceled.
Unless the offer states otherwise, each successful recurring payment authorizes the next scheduled shipment. Taxes and any disclosed shipping charges may be added where applicable.
A subscription continues until canceled. There is no cancellation fee. Canceling stops future subscription charges and future subscription shipments after the cancellation becomes effective.
Direct 4VitaHealth subscriptions
For subscriptions processed directly by 4VitaHealth, visit 4VitaHealth.com , log in to your customer account, open the Subscriptions section, select the subscription you want to manage, and choose the cancellation option. You may also contact Customer Support.
ClickBank subscriptions
For subscriptions processed by ClickBank, access the order through the ClickBank Order Support portal and select the option to cancel future billings.
Submit a cancellation before the next scheduled charge. A cancellation submitted after an order has entered processing may not stop that order or shipment.
Canceling a subscription does not automatically refund a payment already processed. An eligible processed order may be returned under the refund terms applicable to that order.
If a recurring payment cannot be completed, the retailer or processor may retry the payment as permitted by applicable law and processor rules, request updated payment information, delay shipment, or suspend or cancel the subscription.
We may change a subscription’s price, product quantity, billing frequency, or other material term only after providing any notice and obtaining any consent required by applicable law. A customer may cancel before a change becomes effective.
11. Refunds, Returns, and Replacements
Refunds, returns, replacements, damaged orders, missing orders, and cancellations are governed by our Refunds & Returns Policy , the terms displayed during checkout, and any applicable retailer or payment-processor requirements.
The refund period and procedure applicable to a purchase are the period and procedure disclosed before purchase, displayed during checkout, shown on the order receipt, or recorded with the applicable order.
When an offer includes a 60-night money-back guarantee, the guarantee remains subject to the eligibility requirements, return procedure, refund period, proof-of-purchase requirements, and retailer or processor rules applicable to that order.
Customers must begin an eligible ClickBank refund through ClickBank Order Support. The refund period associated with the ClickBank order controls the ClickBank refund request.
Products purchased from Amazon or another third-party retailer must generally be returned through that retailer and are subject to that retailer’s procedures.
Except where required by law or expressly stated in the applicable refund policy, shipping, handling, expedited delivery, return postage, customs charges, and similar charges may be nonrefundable.
12. Affiliates and Third-Party Promotions
Our products may be promoted by independent affiliates, publishers, influencers, referral partners, advertising platforms, or other third parties.
Unless expressly stated otherwise, those parties are independent contractors and do not have authority to modify our official terms or make unauthorized guarantees, warranties, medical claims, promises, or representations on behalf of 4VitaHealth.
To the maximum extent permitted by law, 4VitaHealth is not bound by an unauthorized statement made outside our approved materials. The official product label, sales page, checkout, order receipt, and policies published by 4VitaHealth or the applicable retailer control.
Affiliates and endorsers may receive compensation in connection with purchases. Customers should review any material-connection or affiliate disclosure accompanying the promotion.
13. Customer Accounts
Certain features may require a customer account. You agree to provide accurate information and keep your information current.
You are responsible for maintaining the confidentiality of your password and account credentials and for activity occurring through your account, except to the extent caused by our failure to use reasonable security measures or otherwise provided by law.
Do not share login credentials, impersonate another person, create an account using false information, or access another person’s account without authorization.
Notify Customer Support promptly if you believe an account, password, or payment method has been accessed or used without authorization.
We may suspend or restrict an account when reasonably necessary to investigate suspected fraud, prevent harm, protect the customer or Website, comply with law, or enforce these Terms.
14. Electronic Communications
By using the Website, creating an account, or placing an order, you agree that we may provide transactional communications electronically where legally permitted.
Transactional communications may include order confirmations, receipts, shipping notices, account notices, subscription notices, cancellation confirmations, security alerts, and policy notices.
Transactional communications are part of the purchase or account relationship and are separate from optional marketing messages.
Where required, we will obtain separate consent before sending marketing emails or text messages. You may unsubscribe from marketing emails using the unsubscribe link in the message. Unsubscribing from marketing does not prevent necessary transactional communications.
15. Intellectual Property
The Website and its text, graphics, photographs, videos, audio, product names, logos, trademarks, designs, downloads, software, layout, selection, compilation, and other content are owned by 4VitaHealth, its affiliates, licensors, or other authorized owners and are protected by intellectual-property laws.
Subject to these Terms, we grant you a limited, revocable, nonexclusive, nontransferable license to access and use the Website for lawful personal and noncommercial purposes.
Without prior written permission, you may not:
- Copy, reproduce, republish, sell, license, distribute, or commercially exploit Website content
- Modify, translate, adapt, or create derivative works from protected materials
- Remove copyright, trademark, attribution, or proprietary notices
- Use our names, marks, product images, or branding in a misleading or unauthorized manner
- Frame, mirror, scrape, crawl, harvest, or systematically extract Website content or data
- Reverse engineer Website software except where applicable law expressly permits it
- Use protected content to train or develop an automated or artificial-intelligence system without written permission
No rights are granted except those expressly stated in these Terms.
16. Reviews, Testimonials, and User Content
You may have an opportunity to submit a review, testimonial, comment, photograph, video, question, suggestion, or other content.
You retain ownership of content you submit. By voluntarily submitting content for publication, you grant 4VitaHealth a nonexclusive, worldwide, royalty-free, transferable and sublicensable license to host, store, reproduce, format, display, publish, and distribute the content in connection with our Website, products, customer service, and marketing, subject to applicable privacy and publicity-right laws.
You represent that:
- You own the content or have permission to submit it
- The content reflects your honest experience and opinion
- The content is not false, deceptive, defamatory, threatening, unlawful, or infringing
- You have disclosed any compensation, free product, or other material connection
- The content does not reveal another person’s private information without permission
We may decline, remove, or stop displaying user content when reasonably necessary to comply with law, platform rules, these Terms, or our content standards. We may correct formatting, spelling, or length without materially changing the reviewer’s meaning. We do not promise to publish every submission.
17. Feedback and Suggestions
Feedback, concepts, ideas, and suggestions voluntarily submitted about our Website, products, or services may be used by 4VitaHealth without restriction or compensation, provided that we do not publicly identify you without permission unless allowed by law.
Do not submit confidential, proprietary, or commercially sensitive information through a general feedback channel.
18. Prohibited Conduct
You may not use the Website, accounts, products, or services to:
- Violate a law, regulation, court order, or another person’s rights
- Commit fraud or submit an unauthorized payment
- Abuse a refund, promotion, subscription, chargeback, account, or purchase limit
- Transmit malware, malicious code, or harmful material
- Interfere with the security, operation, availability, or performance of the Website
- Attempt unauthorized access to an account, server, system, or data
- Use automated systems to scrape, crawl, harvest, or overload the Website
- Impersonate another person or misrepresent your identity or affiliation
- Submit false reviews, fabricated testimonials, or deceptive health claims
- Resell, relabel, divert, or distribute products without authorization
- Use our intellectual property to mislead consumers, compete unfairly, or damage 4VitaHealth
We may investigate suspected violations and cooperate with retailers, payment processors, carriers, platforms, regulators, law enforcement, and other appropriate parties when permitted or required by law.
19. Third-Party Websites and Services
The Website may contain links to, integrations with, or content from third-party websites and services, including retailers, payment processors, carriers, social networks, video platforms, analytics providers, and customer-support systems.
Third parties operate under their own terms and privacy practices. We do not control and are not responsible for a third-party website, service, availability, security, content, statement, policy, or transaction, except to the extent required by law.
A link or integration does not necessarily mean 4VitaHealth endorses the third party or that the third party endorses 4VitaHealth.
20. Website Availability and Changes
We may maintain, modify, suspend, restrict, or discontinue all or part of the Website, an account feature, or an online service at any time.
We do not guarantee that the Website or every feature will always be available, uninterrupted, secure, error-free, or compatible with every device or browser.
We may install updates, perform maintenance, correct errors, or respond to security, legal, operational, or technical concerns without prior notice when reasonable.
21. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE, WEBSITE CONTENT, ACCOUNTS, AND ONLINE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 4VITAHEALTH DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT WEBSITE INFORMATION WILL ALWAYS BE COMPLETE, CURRENT, ACCURATE, OR ERROR-FREE, OR THAT THE WEBSITE WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, SECURE, OR FREE FROM HARMFUL COMPONENTS.
PRODUCT WARRANTIES, IF ANY, ARE LIMITED TO WARRANTIES EXPRESSLY PROVIDED IN WRITING WITH THE PRODUCT, ORDER, OR APPLICABLE GUARANTEE.
THIS SECTION DOES NOT EXCLUDE A WARRANTY, GUARANTEE, REMEDY, OR CONSUMER RIGHT THAT CANNOT LAWFULLY BE DISCLAIMED.
22. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 4VITAHEALTH AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR THE COST OF SUBSTITUTE SERVICES ARISING FROM OR RELATING TO THE WEBSITE, CONTENT, PRODUCTS, SERVICES, OR THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF 4VITAHEALTH FOR A CLAIM ARISING FROM OR RELATING TO A PRODUCT, ORDER, SUBSCRIPTION, WEBSITE, SERVICE, OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
- The amount you paid for the specific product, order, or service giving rise to the claim; or
- One hundred United States dollars.
THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ASSERTED AND EVEN IF A PARTY WAS ADVISED THAT DAMAGES WERE POSSIBLE.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, DEATH OR PERSONAL INJURY CAUSED BY LIABILITY THAT CANNOT LAWFULLY BE LIMITED, OR ANY OTHER LIABILITY OR REMEDY THAT APPLICABLE LAW DOES NOT PERMIT THE PARTIES TO EXCLUDE OR LIMIT.
Some jurisdictions do not allow certain warranty exclusions or limitations of damages. In those jurisdictions, these provisions apply only to the maximum extent permitted by law.
23. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless 4VitaHealth and its members, managers, officers, employees, contractors, agents, affiliates, licensors, and service providers from third-party claims, liabilities, damages, judgments, losses, costs, and reasonable legal fees arising from:
- Your unlawful or unauthorized use of the Website or services
- Your material violation of these Terms
- Content that you submit or publish
- Your infringement or violation of another person’s rights
- Your fraud, willful misconduct, or misuse of an account, promotion, product, or payment method
This obligation does not apply to the extent a claim was caused by 4VitaHealth’s unlawful conduct or where indemnification is prohibited by applicable law.
We may assume control of the defense of a covered claim. You agree to provide reasonable cooperation. You may not settle a covered claim in a manner that admits fault by or imposes an obligation on 4VitaHealth without our written consent.
24. Informal Dispute Resolution
Before beginning arbitration or filing a lawsuit, you and 4VitaHealth agree to make a good-faith effort to resolve the dispute informally.
The party raising the dispute must send an individual written notice containing:
- The person’s full name and contact information
- The relevant account, receipt, or order information
- A detailed description of the dispute
- The facts supporting the claim
- The specific resolution requested
Notices to 4VitaHealth must be sent to [email protected] with the subject line “Legal Dispute Notice,” or mailed to the address in Section 34.
The parties will have 30 days after receipt of a complete notice to attempt an informal resolution. A party may begin arbitration or an eligible court proceeding after that period ends or after the parties confirm in writing that informal resolution was unsuccessful.
Any applicable limitations period will be tolled during this 30-day informal-resolution period to the extent permitted by law.
25. Binding Individual Arbitration
IMPORTANT: EXCEPT FOR THE LIMITED EXCEPTIONS BELOW, YOU AND 4VITAHEALTH AGREE TO RESOLVE COVERED DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN A LAWSUIT IN COURT.
After completing the informal process in Section 24, any dispute, claim, or controversy arising from or relating to the Website, advertising, content, products, orders, subscriptions, communications, accounts, these Terms, or the relationship between you and 4VitaHealth will be resolved through binding individual arbitration.
This arbitration agreement is intended to be interpreted broadly. It includes claims arising before the current version of these Terms and claims based in contract, tort, statute, regulation, fraud, misrepresentation, or any other legal theory, except for claims expressly excluded below.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules and Consumer Due Process Protocol in effect when the arbitration is filed, except where these Terms lawfully provide otherwise.
Information about the AAA Consumer Arbitration Rules is available from the American Arbitration Association .
The arbitration may be conducted through documents, telephone, videoconference, or an in-person hearing. Unless the parties agree otherwise, an in-person consumer hearing will take place in the county where you reside or another location reasonably convenient for you.
Filing fees and arbitration costs will be allocated under the applicable AAA Consumer Arbitration Rules. 4VitaHealth will pay amounts those rules or applicable law require a business to pay. Each party will be responsible for its own attorneys’ fees unless a statute, rule, settlement, or arbitration award provides otherwise.
The arbitrator may award the same individual remedies that a court could award, including damages, declaratory relief, and injunctive relief, but only to the extent necessary to resolve the individual claimant’s dispute.
The arbitrator will issue a reasoned written decision. Judgment on an arbitration award may be entered in any court with jurisdiction.
Questions about arbitrability
Except for disputes concerning the validity or enforceability of the class-action waiver in Section 26, the arbitrator will decide disputes concerning the interpretation, applicability, formation, scope, or enforceability of this arbitration agreement.
Small claims court
Either party may bring an eligible individual claim in small claims court instead of arbitration, provided the claim remains individual and within that court’s jurisdiction.
Intellectual property and security
Either party may seek temporary or preliminary injunctive relief in court to prevent actual or threatened infringement, misuse, or misappropriation of intellectual property, confidential information, account credentials, or Website security.
Non-arbitrable relief
A request for public injunctive relief or another remedy that applicable law makes non-arbitrable may be decided by a court after the arbitrator resolves the arbitrable portions of the dispute.
If AAA is unavailable
If AAA is unable or unwilling to administer an arbitration under these Terms and the parties cannot agree on another administrator, a court with jurisdiction will appoint an administrator or arbitrator consistent with the Federal Arbitration Act.
Right to opt out
You may opt out of this arbitration agreement by sending a written opt-out notice within 30 days after the date you first become bound by these Terms.
The notice must include your full name, mailing address, email address associated with your account or purchase, and a clear statement that you are opting out of the arbitration agreement in the 4VitaHealth Terms of Use.
Send the notice by email to [email protected] with the subject line “Arbitration Opt-Out,” or mail it to the address in Section 34.
Opting out of arbitration will not affect the remaining provisions of these Terms or your ability to purchase products.
26. Class-Action and Jury-Trial Waivers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND 4VITAHEALTH AGREE THAT EACH PARTY MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE ACTION.
THE ARBITRATOR MAY NOT COMBINE OR CONSOLIDATE THE CLAIMS OF DIFFERENT PEOPLE OR PRESIDE OVER A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE PROCEEDING UNLESS ALL PARTIES EXPRESSLY AGREE IN WRITING.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND 4VITAHEALTH WAIVE THE RIGHT TO A TRIAL BY JURY FOR A DISPUTE COVERED BY THESE TERMS.
If a court determines that part of the class-action waiver is unenforceable for a particular claim or remedy, that claim or remedy will proceed in court only after all arbitrable claims and remedies have been resolved.
27. Governing Law and Court Venue
The Federal Arbitration Act governs the arbitration provisions. To the extent state law applies, these Terms and disputes between you and 4VitaHealth are governed by the laws of the State of Arizona, without regard to conflict-of-law principles.
This choice of law does not deprive a consumer of a mandatory, nonwaivable protection provided by the law of the consumer’s state or country of residence.
For a dispute that is not subject to arbitration or small claims court, the parties consent to the personal jurisdiction and exclusive venue of the state and federal courts located in or serving Pima County, Arizona, except where applicable law gives the consumer a nonwaivable right to proceed elsewhere.
28. Suspension and Termination
You may stop using the Website at any time. Account and subscription cancellation remain subject to their applicable cancellation procedures.
We may suspend, restrict, or terminate access to an account or Website feature when reasonably necessary to:
- Protect the Website, customers, 4VitaHealth, or another person
- Investigate fraud, abuse, security incidents, or unauthorized activity
- Enforce these Terms
- Comply with law, legal process, retailer rules, processor rules, or platform requirements
- Discontinue a service or feature
Termination does not eliminate obligations or rights that arose before termination. Provisions that by their nature should survive will survive, including intellectual-property, warranty-disclaimer, limitation-of-liability, indemnification, dispute-resolution, and general provisions.
29. Changes to These Terms
We may update these Terms from time to time. The revised Terms will display a new “Last updated” date.
When required by law, we will provide additional notice or obtain additional consent for a material change.
Changes apply prospectively from their effective date. Continued use of the Website after revised Terms become effective constitutes acceptance, except where applicable law requires another form of consent.
A change will not retroactively alter the price, refund period, billing frequency, or other material purchase term recorded with a completed order unless permitted by law and agreed to by the customer.
A material change to the arbitration agreement will apply prospectively. Customers already bound by a prior arbitration agreement may reject the material change by sending written notice within 30 days after receiving notice of the change.
30. Force Majeure
4VitaHealth will not be responsible for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, epidemic, pandemic, war, terrorism, civil unrest, labor disruption, transportation interruption, carrier failure, utility failure, internet or telecommunications failure, cyberattack, government action, supply shortage, or failure of a service provider.
This section does not eliminate refund, delivery, or other consumer rights that cannot lawfully be limited.
31. Intellectual-Property Complaints
If you believe content on the Website infringes a copyright, trademark, or other intellectual-property right, send a written notice to [email protected] .
Include your contact information, identification of the protected work or right, identification and location of the challenged material, a good-faith explanation of the claimed infringement, and documentation showing your authority to act.
We may request additional information before acting on a complaint.
32. General Provisions
Entire agreement
These Terms, the Privacy Policy, the Refunds & Returns Policy, applicable checkout terms, product-specific terms, and any other policy expressly incorporated by reference constitute the entire agreement concerning their subject matter.
Order of precedence
If provisions conflict, the more specific product, subscription, checkout, retailer, order, or promotional terms control only for the subject they specifically address. Mandatory law controls over an inconsistent contract term.
Severability
If a provision is found invalid or unenforceable, it will be enforced to the maximum extent permitted or severed, and the remaining provisions will remain in effect, subject to the specific severability language in Sections 25 and 26.
No waiver
A failure or delay in enforcing a provision does not waive the right to enforce it later. A waiver must be in writing and applies only to the specific circumstance stated.
Assignment
You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, financing, sale of assets, or transfer of the applicable business, subject to applicable law.
No third-party beneficiaries
These Terms do not create rights for a person who is not a party to them, except for parties expressly protected by the warranty-disclaimer, limitation-of-liability, and indemnification provisions.
Relationship of the parties
These Terms do not create a partnership, joint venture, employment relationship, franchise, fiduciary relationship, or agency relationship between you and 4VitaHealth.
Headings
Section headings are provided for convenience and do not limit or change the meaning of a provision.
33. Nonwaivable Consumer Rights
These Terms are not intended to waive or restrict a consumer right, remedy, warranty, disclosure, cancellation right, or protection that applicable law does not permit the parties to waive or restrict.
Where applicable law provides greater protection than these Terms, the legally required protection will apply to the extent required.
34. Contact Us
Questions about these Terms may be directed to 4VitaHealth Customer Support.
Email: [email protected]
Phone: 1-800-579-0336
Customer Support: 4VitaHealth Help
4VitaHealth LLC
7520 West Beloperone Lane
Marana, AZ 85658
United States