- Description and Use of the Platform ProDiscountVitamins.com provides resources and access to Fullscript.com a dispensary platform for the vitamins and nutritional supplements purchased through Fullscript.com via ProDiscountVitamins.
- Eligibility The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Sites, (d) have not engaged in any activity that could result in suspension or removal from the Sites, (e) do not have more than one ProDiscountVitamins account, and (f) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
- Arbitration and Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing us at Info@ProDiscountVitamins.com. In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) arising under or relating in any way to this agreement. You and ProDiscountVitamins each expressly waive any right to trial by jury and the right to participate in a class-action lawsuit or class-wide arbitration. Neither you nor ProDiscountVitamins shall be permitted or entitled to join or consolidate claims by or against others, or arbitrate or otherwise participate in any claims as a class member or class representative. The arbitration will be conducted by a single, neutral arbitrator and will take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. All issues are for the arbitrator to decide, including (but not limited to) issues relating to the scope and enforceability of this agreement to arbitrate and the arbitrability of any dispute between you and ProDiscountVitamins. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. At your request, hearings may be conducted in person or by telephone, and the arbitrator may provide for submitting and determining motions on briefs, with or without oral hearings. ProDiscountVitamins agrees that, upon request, it will pay a consumer’s filing fee for the arbitration. For the benefit of the parties, all aspects of the arbitration proceeding, including (but not limited to) the transcripts of the hearing, the transcript of any deposition, and all documents produced or used during the arbitration proceeding, will be strictly confidential.
The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If a court decides that any provision of this Section is invalid or unenforceable, that provision will be severed and the other parts of this paragraph (and the remainder of these terms) will continue to apply, but in no case shall either you or ProDiscountVitamins.com be permitted to participate in a class-action lawsuit or class-wide arbitration.
- Community Guidelines ProDiscountVitamins’ community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Sites or the Platform, you hereby agree to comply with these community rules and that:
- Subscribers must be the age of majority in their jurisdiction and capable of entering into binding contracts;
- You will not use the Sites or the Platform for any unlawful purpose;
- Members may not use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
- You will not upload, post, e-mail, transmit or otherwise make available any User Content that:
- is false, deceptive, misleading, deceitful, or misinformative;
- infringes any copyright, trade secret, right of publicity, or other proprietary rights of any person or entity;
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
- You will not access or use the Sites or the Platform to collect any market research for a competing business;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
- You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Sites or Platform, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Sites or the Platform; and
- You will not interfere with or attempt to interrupt the proper operation of the Sites or the Platform through the use of any virus, device, information collection or transmission mechanism, software, or routine, or access or attempt to gain access to any data, files, or passwords through hacking, password or data.
Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or any portion of the Services, without notice, and remove any User Content that does not adhere to these guidelines.
- Registration, Account, and Communication Preferences In order to access and use certain areas or features of the Sites, you will need to sign-up for the ProDiscountVitamins newsletter. By signing up for Pro Discount Vitamins newsletter, you agree to (a) provide accurate, current, and complete account information, (b) update as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to Fullscript, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.
By creating a Pro Discount Vitamins account, you also consent to receive electronic communications from Pro Discount Vitamins (e.g., via email or by posting notices to the Sites). These communications may include notices about your account, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt-out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- License to Access and Use Our Sites and Content Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein, including, without limitation, the Pro Discount Vitamins logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Pro Discount Vitamins or our licensors or users, as applicable, and are protected by U.S. and international copyright laws. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Sites and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell, or use commercially the Sites or Content, (b) distribute, publicly perform, or publicly display any Content, (c) modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof, (d) use any data mining, robots, or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us, and (f) use the Sites or Content other than for their intended purposes. Any use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any copyright or other proprietary rights of Pro DiscounVitamins.com or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time. Notwithstanding anything to the contrary in these Terms, the Sites and Content may include software components provided by Pro Discount Vitamins or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
7.1 Repeat Infringer Policy; Copyright Complaints In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Sites by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on the Sites infringes any copyright that you own or control, you may file a notification of such infringement email info@ProDiscountVitamins.com You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
- Trademarks Pro Discount Vitamins logo, and any other Pro Discount Vitamins or service names, logos, or slogans that may appear on the Sites of Pro Discount Vitamins may not be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any meta tags or other “hidden text” utilizing Pro Discount Vitamins or any other name, or service name of Pro Discount Vitamins without our prior written permission. In addition, the look and feel of the Sites, including, without limitation, all page headers, custom graphics, button icons, and scripts, constitute the service mark,, or trade dress of Pro Discount Vitamins and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other company names or logos mentioned on the Sites are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission. Reference to any Services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Pro Discount Vitamins.
- Hyperlinks You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Sites for non-commercial purposes, provided that such link does not portray Pro Discount Vitamins in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. You may not use a Pro Discount Vitamins logo or other proprietary graphics of Pro Discount Vitamins to link to the Sites without our express written permission. Further, you may not use, frame, or utilize framing techniques to enclose any Pro Discount Vitamins logo, or other proprietary information, including the images found on the Sites or the text, layout, design, or form(s) contained on any page on the Sites without our express written consent. Pro Discount Vitamins makes no claim or representation regarding and accepts no responsibility for, the quality, content, nature, or reliability of third-party websites accessible by hyperlink from the Sites or of websites linking to the Sites. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes, or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement, or adoption of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party website to which you navigate from Sites.
- Third-Party Content We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties and that Pro Discount Vitamins is not responsible or liable in any manner for such interactions or Third-Party Content.
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from such user and ProDiscountVitamins.com;
- Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
- Reverse engineer any aspect of the Sites or do anything that might reveal source code or bypass or circumvent measures employed to prevent or limit access to any Content, area, or code of the Sites;
- Attempt to circumvent any content-filtering techniques we employ
- Attempt to access any feature or area of the Sites that you are not authorized to access;
- Develop any third-party applications that interact with User Content or the Sites without our prior written consent;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality;
- Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
- User Content The Sites may include interactive features and areas that allow users to create, post, share, or store content, including but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items, or other materials (collectively, “User Content”). In the event you decide to share your User Content with others through the Sites or third-party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Sites. By using the interactive features and areas of the Sites, you further agree not to create, post, share, or store any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
- User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law;
- User Content that may infringe any trade secret, copyright, or other intellectual or proprietary rights of any party;
- User Content that contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
- User Content that references or depicts Pro Discount Vitamins but fails to disclose a material connection to us.
- User Content that contains any unsolicited promotions, political campaigning, advertising, or solicitations;
- User Content that contains any private or Pro Discount Vitamins.com information of a third party without such third party’s consent;
- User Content that references irresponsible alcohol consumption or illegal drug use, such as references to overconsumption or use by minors;
- User Content that contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or
- User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Sites or that may expose Pro Discount Vitamins or others to any harm or liability of any type.
We are not responsible or liable for any User Content. Although we have no obligation to screen, edit, or monitor User Content, we reserve the right and have absolute discretion, to remove, screen, or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.
- Feedback Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials, or other information about Pro Discount Vitamins.com. Feedback is non-confidential and shall become the sole property of Pro Discount Vitamins.com. Pro Discount Vitamins.com shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- Indemnification To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Pro DiscountVitamins.com, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “ProDiscountVitamins.com Parties”), from and against all actual or alleged ProDiscountVitamins.com Party or third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including but not limited to damages to property or ProDiscountVitamins.com injury, that are caused by, arise out of or are related to (a) your use or misuse of the site, and Content, or, (b) any User Content you create, post, share, or store on or through the Sites, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, or (f) any third party’s use or misuse of the Sites provided to you. You agree to promptly notify ProDiscountVitamins.com of any third-party Claims and cooperate with the ProDiscountVitamins.com Parties in defending such Claims. You further agree that the ProDiscountVitamins.com Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and ProDiscountVitamins.com.
- Limitation of Liability Release TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRODISCOUNTVITAMINS.COM OR ANY OF THE OTHER PRODISCOUNTVITAMINS.COM PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME, OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR CONTENT, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM PRODISCOUNTVITAMINS.COM, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PRODISCOUNTVITAMINS.COM’S RECORDS, PROGRAMS, OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, AND LEGAL AND PRODISCOUNTVITAMINS.COM REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT, AND FOREVER DISCHARGE PRODISCOUNTVITAMINS.COM AND THE OTHER PRODISCOUNTVITAMINS.COM PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH PRODISCOUNTVITAMINS.COM PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
ACCESS TO THE PRODISCOUNTVITAMINS.COM OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, AND/OR SERVICES OFFERED BY AND/OR THROUGH THE PRODISCOUNTVITAMINS.COM OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF PRODISCOUNTVITAMINS.COM SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Modifications to the Sites We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Sites (or any features or parts thereof.)
- Miscellaneous These Terms constitute the entire agreement between you and ProDiscountVitamins.com relating to your access to and use of the site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of ProDiscountVitamins.com. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance, and ProDiscountVitamins.com’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.