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Terms & Conditions of Use

Welcome to Vitarock.com, the online store that helps make a difference in the world!

By using Vitarock.com (which we refer to as the "Site"):

  1. You agree to all Terms and Conditions of Use.
  2. You accept all and any risks associated with using the Site, purchasing items from the Site, sharing information on or through the Site.
  3. You accept that Vitarock.com can change the Terms and Conditions of Use at any time and without notice. It is your responsibility to maintain awareness of any modifications to ensure that you accept and agree to them.
  4. You accept that the Vitarock.com name, logo, company images, original written work, website design and layout, graphics, all blog posts, all registered and non-registered trademarks, motto, and slogans are protected under copyright law.
  5. You understand and agree that you use this Site at your sole risk and that you absolve Vita Rock Inc. and all associated Parties from liability and indemnification.
  6. The information provided on the Site and in any literature or media produced and/or distributed and/or shared by Vita Rock Inc., including but not limited to The Vitarock Blog, E-Newsletter and any Social Media site or account managed by Vita Rock Inc., is meant for educational purposes only and its accuracy is not guaranteed by Vita Rock Inc. It is not intended as a substitute for professional medical or veterinary advice, diagnosis, prevention, treatment, prescription, or attention. Vita Rock Inc. is free from liability to you or anyone else should you decide to take action and make decisions based on the information provided on the Site. You should seek professional medical or veterinary advice for any known or potential acute or chronic disease(s), health disorder(s), and/or condition(s) prior to starting any self-prescribed treatment or prophylactic remedy or protocol.
  7. You assume all risks and consequences associated with posting any content on the Site or on any Social Media site or account managed by Vita Rock Inc. Vita Rock Inc. is not responsible for any content posted by users of the Site and it reserves the right but not the obligation to vet, censor, modify, and/or delete any content that is deemed unacceptable in any way.
  8. Any live phone consultations offered by the Vita Rock Inc. clinical professionals or customer service representatives are meant for educational purposes only and are not intended as a substitute or replacement for professional medical or veterinary physical examinations, diagnosis, prevention, treatment, prescription, or attention. Vita Rock Inc. is absolved of responsibility for any information provided in consultation that is misunderstood, misused, misapplied, misconstrued and/or inappropriately shared. All personal information shared with clinical health professionals through Vita Rock Inc. will remain strictly confidential. By using the live consultation services provided by Vita Rock Inc., you are automatically consenting to these Terms and Conditions of Use.
  9. By using the Site, you understand and accept (and love!) that a percent of each sale will be allocated on your behalf via Vita Rock Inc. to a charity selected by Vita Rock Inc. You agree that the personal information you submitted to Vita Rock Inc. upon registration and/or check out will be shared with the charity.
  10. The terms of this Agreement are defensible under Ontario law and any disputes arising from the Terms and Conditions of Use or other Policies made explicit on the Site must be settled in a court of law in the province of Ontario, Canada.
  11. This Agreement is valid and legally binding from the time you first access, register with, or purchase product from the Site and will terminate by written notice between the Parties.
  12. Manufacturers of the products offered for sale by Vitarock may alter their formulas, contents and ingredients without notice. Vitarock makes every attempt to stay updated, but cannot guarantee accuracy in cases of unannounced reformulations or alterations by manufactureres. Please inspect every item before use for your own safety.

IT’S IMPORTANT THAT YOU UNDERSTAND THE FOLLOWING TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE.

By using the website www.vitarock.com (herein referred to as "vitarock.com" or the "Site"), you acknowledge that you have read, understood, and agreed to all of the following terms and conditions of use. These Terms and Conditions of Use are legally binding and represent a contract between you and vitarock.com under all applicable provincial, federal, and international laws, regulations, and treaties. By using this Site you agree and abide by all the regulations and policies outlined in this and other contract terms, including but not exclusive to the Privacy Policy, Return Policy, and Philanthropic Policy, posted on the vitarock.com Site.

If you do not agree to all the Terms and Conditions of Use, please do not use this Site. This is a legally binding contract (herein referred to as the “Terms and Conditions of Use” or the “Agreement”) between you and Vita Rock Inc. and violation of this contract is enforceable by Canadian law.

Parties Involved

Unless otherwise stated, the name “vitarock.com” refers to and includes Vita Rock Inc. and all of its affiliates, subsidiaries, successors, assignees, contractors, and employees. This Site is created, managed, controlled, owned, and operated by Vita Rock Inc. from its headquarter offices in Canada.

Vita Rock Inc. reserves the right to modify the Terms and Conditions of Use at our discretion and without notice. Please periodically review the Terms and Conditions of Use to ensure you are aware of, and agree to, them. By continuing to use the Site even after the Terms and Conditions have been changed or modified, you are deemed to accept and agree to those changes.

Copyright, License, and Restriction on Use of Materials

The name “Vita Rock Inc.”, the vitarock.com logo, all images and graphics associated with and displayed on vitarock.com, the Vita Rock Inc. motto, all slogans associated with Vita Rock Inc., all original text, all original ideas, all original concepts, and the vitarock.com Blog are the property of Vita Rock Inc. and are protected under Canadian copyright law and corresponding international laws.

Vita Rock Inc. is a registered trademark. All related trademarks, words, phrases, internet domain names, domain addresses, logos, and graphics associated with and owned by Vita Rock Inc. are protected by Canadian Copyright law and corresponding international laws and cannot be copied, used, or shared without the express permission of Vita Rock Inc. Trademarks owned by Vita Rock Inc. cannot be used in connection or association with any organizations, companies, corporations, products, services, programs, and/or enterprises that:

  1. are not authorized or approved by Vita Rock Inc.;
  2. may affect or influence the moral, economic, or legal position and public or private representation of Vita Rock Inc.;
  3. may cause confusion among current or potential customers of Vita Rock Inc.; and/or
  4. discredits or disparages Vita Rock Inc. in any way.

All and any trademarks not owned by Vita Rock Inc. and that are displayed on the Site are the legal property of the respective owner, are protected under the respective copyright laws, and are used by Vita Rock Inc. by permission of the said owner.

No written, graphic, or other material from Vitarock.com or any other website owned, operated, licensed, regulated, managed, and/or controlled by Vita Rock Inc. may be copied, duplicated, reproduced, shared, republished, reframed, downloaded, uploaded, modified, posted, transmitted, redistributed, and/or plagiarized in any way unless you have obtained prior permission from an authorized representative, associate, or employee of Vita Rock Inc.

Any material for which you have obtained permission from Vita Rock Inc. to use must:

  1. maintain the integrity of the original work;
  2. not compromise or modify the trademark, copyright, and/or legal attributes of the original work or of Vita Rock Inc.; and
  3. must maintain the integrity of the moral, economic, and legal position and public or private representation of Vita Rock Inc.

Failure to comply by these criteria is a violation of these Terms and Conditions of Use, a violation of Canadian copyright law and proprietary rights, and is unequivocally prohibited.

If you wish to hyperlink to Vitarock.com, please contact Vita Rock Inc. at info@vitarock.com to obtain prior written permission from an authorized representative, associate, or employee of Vita Rock Inc. Failure to obtain this written consent is a violation of these Terms and Conditions of Use, a violation of Canadian copyright law and proprietary rights, and is unequivocally prohibited.

Any use or modification of the said materials for any purpose or intent other than those described in the Terms and Conditions of Use is a violation of Vita Rock Inc.'s copyright and proprietary rights, and is unequivocally prohibited.

Disclaimers, Limitation of Liability, and Absolution of Indemnification

You understand and agree that you use this Site at your sole risk and that you absolve Vita Rock Inc., as well as its affiliates, subsidiaries, successors, assignees, contractors, and employees, from all and any liability and indemnification.

The Site, all services and information provided by Vita Rock Inc., and all materials created and owned by Vita Rock Inc. and its associates are provided on an "as is, where is, as available" basis. Vita Rock Inc. makes no express or implied representations, guarantees or warranties of any kind with respect to the Site, its contents (including without limit product descriptions, prices, blog posts, and other information), or its services. Vita Rock Inc. disclaims all warranties, expressed or implied, including but not limited to merchantability, usability, fitness for a particular purpose, and/or non-infringement of intellectual property or other violation of rights.

By using this site, you expressly acknowledge and agree that:

  1. Vita Rock Inc. is absolved of warranties or guarantees with respect to the Site itself and its contents including but without limitation to its contemporaneousness, validity, accuracy, relevancy, completeness, availability, security, and application;
  2. Vita Rock Inc. is absolved of warranties or guarantees that any errors or defects on the Site or its contents be noted and corrected prior to publication;
  3. Vita Rock Inc. is absolved of warranties or guarantees that the Site and any hyperlinked websites or the servers upon which they reside are free of viruses and other harmful scripts or components;
  4. Vita Rock Inc. is absolved of warranties or guarantees for the products sold; and
  5. Vita Rock Inc. via the Site provides a service to users that includes hyperlinks to other websites over which Vita Rock Inc. has no control and for which Vita Rock Inc. makes no direct endorsements or representations of any kind regarding the said company's products, services, business practices, mandates, content, associations, partners, and current or future enterprises, and you irrevocably exempt and waive any claim against Vita Rock Inc. with respect to the said websites and their owners.

You absolve Vita Rock Inc., as well as its respective directors, employees, contractors, agents, affiliates, subsidiaries, successors, assignees, and other representatives from liability and indemnification for damages, claims, expenses, and/or other costs (including and not limited to legal fees) arising out of or in connection with the use of, or the inability to use, the Site or any information contained on it or any website hyperlinked to or from vitarock.com. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, exemplary, punitive, indirect or consequential damages, loss of user data, loss of income or profit, loss of or damage to property, and claims of third parties.

You understand and agree that your exclusive and sole remedy to any of the above listed damages, losses, claims, expenses, and/or other unforeseen discrepancies associated with using the Site is to desist from using the Site, for which you will not hold Vita Rock Inc. accountable.

Disclaimer Regarding Written Information Provided

The Site provides, as part of the services rendered, information about but not limited to personal health, natural medicine (including but not limited to herbal medicine, traditional medicine systems, natural healing modalities, and traditional arts), nutrition, food, beverages, nutritional products, Natural Health Products (NHPs, as defined by Health Canada), body care products, baby and child care, healthy aging, animal and pet care, social issues (including but not limited to Fair Trade systems and economies, Indigenous Peoples rights, traditional communities, and Traditional Ecological Knowledge), environmental issues, horticulture, sustainable lifestyles, spirituality, philanthropy, and charitable organizations. Vita Rock Inc. reserves the right to express opinions about the said topics without warranty or guarantee as to the accuracy, completeness, correctness, timeliness, relevancy, application, or usefulness of any information posted or otherwise available on or through access to the Site.

The information provided on the Site and in any literature or media produced and/or distributed and/or shared by Vita Rock Inc., including but not limited to the vitarock.com blog, E-Newsletter and any Social Media site or account managed by Vita Rock Inc., is meant for educational purposes only, is presented in condensed and summary format, is not comprehensive, is intended to provide and increase consumer knowledge and awareness of the said topics and issues, has not been reviewed by any third party, and is not a political or legal statement. The information provided regarding human and animal health has not been evaluated by Health Canada and is not intended as a substitute for professional medical or veterinary advice, diagnosis, prevention, treatment, prescription, or attention. Vita Rock Inc. is absolved of responsibility for any information or content provided on or through the Site that is misunderstood, misused, misapplied, misconstrued and/or inappropriately shared without the prior consent and approval of Vita Rock Inc.

Vita Rock Inc. is free from liability and indemnification to you or anyone else should you decide to take action and make decisions taken in reliance upon the information provided on the Site. You should seek professional medical or veterinary advice for any known or potential acute or chronic disease(s), health disorder(s), and/or condition(s) prior to starting any self-prescribed treatment or prophylactic remedy or protocol.

Vita Rock Inc. is not responsible for the content of any off-Site webpages or websites hyperlinked to or from vitarock.com that provide information about human and animal health and Vita Rock Inc. assumes no liability or responsibility arising from the said off-Site webpages or websites.

Vita Rock Inc. does not claim responsibility for providing comprehensive information about cautions and warnings, contraindications, and/or potential and known drug interactions for all and any of the products sold through the Site. Vita Rock Inc. assumes no responsibility for any potential adverse reactions (including but not limited to allergic reactions and/or adverse drug interactions and/or misused or inappropriately dosed or administered product), to any and all of the products sold through the Site.

It is your responsibility to review and understand all information provided on the product package, package inserts, manufacturer website, and/or other manufacturer literature and resources for every product you purchase from vitarock.com. Always seek professional medical and/or veterinary advice when in doubt, in emergency situations, and if you or your animal suffer from a serious or chronic medical condition, respectively.

Disclaimer Regarding Live Health Consultation

Vita Rock Inc. provides free live phone health consultations through its in house clinical professionals including a Medical Doctor and Medical Herbalist. These consultations are meant for educational purposes only and are not intended as a substitute or replacement for professional medical or veterinary physical examinations, diagnosis, prevention, treatment, prescription, or attention. The advice offered through the Site is not meant to prevent, treat, diagnose, or cure any health condition, irrespective of whether it has been previously diagnosed by a health care professional or it remains unknown prior to consultation with Vita Rock Inc.

Vita Rock Inc. is absolved of responsibility for any information provided in consultation that is misunderstood, misused, misapplied, misconstrued and/or inappropriately shared. You should always seek professional medical or veterinary advice for any known or potential acute or chronic disease(s), health disorder(s), and/or condition(s) prior to starting any treatment or prophylactic remedy or protocol. The live health consultations provided through Vita Rock Inc. are intended to improve, but not replace, the relationship between a patient and his or her chosen health care practitioner. Vita Rock Inc. encourages patrons to discuss any consultation provided through Vita Rock Inc. with his or her health care practitioner.

All personal information shared with clinical health professionals through Vita Rock Inc. will remain strictly confidential. Please see our Privacy Policy for more details. By using the live consultation services provided by Vita Rock Inc., you are automatically consenting to these Terms and Conditions of Use.

Security and Privacy

Vita Rock Inc. has taken every precaution to maintain the security and privacy of the Site and of any information you provide over the internet to vitarock.com. Despite this, because of the inherent nature of the internet and electronic data transfer, Vita Rock Inc. cannot guarantee that the information you share will not be improperly accessed or used by third parties, which are out of the control of Vita Rock Inc. By using this Site and submitting information to the Site, you recognize that you do so at your own risk. The Privacy Policy & Secure Payments and Shopping pages provide further information about this matter.

Product Information

Vita Rock Inc. cannot guarantee the constant availability of any product or item advertised on the Site. Certain products and items may be temporarily or permanently unavailable for various reasons including but not limited to space limitations, unavailability of supply, warehousing and shipping logistics, and/or other reasons beyond the immediate control of Vita Rock Inc. All prices shown exclude applicable taxes. Vita Rock Inc. reserves the right to limit quantities and to correct errors or omissions prior to processing a customer purchase order.

Vita Rock Inc. strives to provide accurate product information and pricing. However, typographical and technical errors can occur on the Site and Vita Rock Inc. does not guarantee the accuracy of any specifications, pricing, product warranty, or other product information provided on the Site. This information is subject to correction and/or modification at any time and without prior notice. Without limiting the generality of any other terms and conditions on the Site, Vita Rock Inc. does not accept liability for any errors or omissions that may occur on the Site or for the unavailability of any product.

Indemnity

By using vitarock.com and its services, you agree to indemnify, defend and hold harmless Vita Rock Inc., its officers, directors, employees, contractors, agents, licensors, affiliates, subsidiaries, successors, assignees, suppliers, and other representatives from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions of Use or any activity (including negligent or wrongful conduct) related to your use of the Site.

Governing Law and Jurisdiction

The Site is controlled by Vita Rock Inc. from its headquarter offices within the Province of Ontario, Canada. This Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these places has regulations and laws that may differ from those of the Province of Ontario, Canada, you agree that by accessing this Site all matters relating to access to, or use of, the Site or any other hyperlinked website shall be governed exclusively by the laws of the Province of Ontario and the laws of Canada applicable to the Province of Ontario, without regard to the conflicts of laws principles thereof.

You agree that any and all legal action or proceeding between you and Vita Rock Inc. for any purpose concerning these Terms and Conditions of Use or the parties’ obligations hereunder shall be dealt with exclusively in a court of competent jurisdiction sitting in Toronto, Ontario. You hereby waive your right to a jury trial in any action with respect to the subject matter of this Agreement. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily. You are responsible for complying with your own local laws.

Should you have any cause of action or claim must be commenced within one (1) year after the claim or cause of action arises. If Vita Rock Inc. does not insist upon or enforce strict performance of any provision of these Terms and Conditions of Use, it shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties not trade practice shall act to modify any provisions of these Terms and Conditions of Use. Vita Rock Inc. may assign its rights and duties under this Agreement to any party, for any reason, and at any time without prior notice to you.

General

In the event that any parts of any terms and conditions are held to be indefinite, invalid, illegal or otherwise voidable or unenforceable, the other parts of those Terms and Conditions of Use will not fail on account thereof, and the balance of the Terms and Conditions of Use will continue in full force and effect. The Terms and Conditions of Use provided on the Site constitute the entire agreement between you and Ontario governing your use of the Site. You may also be subject to other terms and conditions when you access other sites or other portions of the Site (if specified) or if you access or purchase third party content or software. The failure or delay of the province of Ontario in exercising any right or remedy under the Terms and Conditions of Use or elsewhere shall not constitute a waiver of such right or remedy.

The summary of and section titles in these Terms and Conditions of Use are for convenience only and have no legal or contractual effect. The summary provided is meant as a reference and guide but it is in no way exhaustive, does not imply prioritization of any terms and/or conditions, and it is not nor can it be treated as a standalone legal entity or contract. Exclusion of a specific term and/or condition from the summary provided does not imply in any way that the excluded term and/or condition is less important, irrelevant, or not defendable in a court of law.

Reviews and Content

The Site allows registered and non-registered users of the Site to post comments, opinions, reviews, questions, and responses to the products, manufacturers, and/or use of products offered through the Site. Vita Rock Inc. does not assume any responsibility for any content posted by users of the Site and it reserves the right but not the obligation to vet, censor, modify, and/or delete any content that is offensive, inappropriate, inaccurate, irrelevant, and/or deemed unacceptable in any way by Vita Rock Inc., its officers, directors, employees, contractors, agents, licensors, affiliates, subsidiaries, successors, assignees, suppliers, and other representatives. Any content posted on the Site by any person other than those directly employed, authorized, or contracted by Vita Rock Inc. is in no way a representation of Vita Rock Inc. or any person or entity associated with the Site its mandate, intentions, opinions, or policies.

If you choose to post any content on the Site, you do so with the understanding and agreement that you grant Vita Rock Inc. a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media including but not limited to the internet or the Site. By submitting content to the Site, you also grant Vita Rock Inc. and sublicensees the right, if they choose but to which they are not obligated, to use the name that you use in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Vita Rock Inc. for all claims resulting from content you supply. Vita Rock Inc. reserves the right not to post any review at our sole discretion and without the need for explanation.

Social Media

Vita Rock Inc. maintains and interacts with various sites and sources of Social Media including but not exclusive to Facebook, Twitter, Google+, Pinterest, YouTube, and Flickr. By accessing, viewing, and/or posting content to any Social Media site or account managed by Vita Rock Inc., you accept, without limitation or exception, the complete use of terms of those respective sites. Vita Rock Inc. is not responsible for any content or postings that you share on the Social Media sites and it reserves the right but not the obligation to vet, censor, modify, and/or delete any content that is offensive, inappropriate, inaccurate, irrelevant, and/or deemed unacceptable in any way. Vita Rock Inc. reserves the right to monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue your access to any Social Media site or account managed by Vita Rock Inc. and to do so in its sole discretion, for any reason, without prior notice, and without explanation.

Charitable Donations

By using the Site, you understand and accept that a percent of each sale will be allocated on your behalf via Vita Rock Inc. to a charity selected by Vita Rock Inc. Vita Rock Inc. reserves the right to change at any time and without prior notice the percent of sale donated to the charity and the charity to which the moneys will be donated. By using the services provided by the Site, you understand and expressly agree that the personal information you submitted to Vita Rock Inc. upon registration and/or check out can and will be shared with the charity and that the dollar donation will be submitted on your behalf via Vita Rock Inc.

Term and Termination

The terms of this Agreement shall commence upon your first access and/or registration with and/or purchase from the Site. This Agreement may be terminated by Vita Rock Inc. at any time, without notice, and for any reason. You may terminate this Agreement with Vita Rock Inc. upon written notice and for any reason. If you choose to terminate this Agreement, you revoke your permission to use and enjoy the services provided by the Site and any associated Social Media site or account managed by Vita Rock Inc. The provisions outlined in the sections entitled: Copyright, License, and Restriction on Use of Materials; Disclaimers, Limitation of Liability, and Absolution of Indemnification; Indemnity; Governing Law and Jurisdiction; and General; shall survive and indefinitely extend beyond any termination of this Agreement.

Communication and Contact

Vita Rock Inc. may communicate and deliver notice to you under this Agreement at any time by means of electronic mail, a general notice posted on the Site, or by written communication delivered via Canada Post to the address you provide upon registration with the Site and that Vita Rock Inc. has on record in your account information. You may submit notice to Vita Rock Inc. at any time by electronic mail to info@vitarock.com.