Terms of service · EverydayVital

General

This website (the “Site”) is owned and operated by [[LEGAL_ENTITY_NAME]] d/b/a EverydayVital (“EverydayVital”, “we” or “us”). By using the Site you agree to these Terms of Service, to our Privacy Policy, Shipping Policy and Refund Policy, and to any additional terms that apply to particular parts of the Site or to products bought through it. Accessing the Site in any manner, automated or otherwise, counts as use and as agreement to these terms.

We may change these terms or add conditions from time to time by posting the revised version here. Continuing to use the Site after a change means you accept the terms as modified.

Products, pricing and offer terms

The Site sells EverydayVital dietary supplements, coffee and everyday goods directly to consumers. All prices are in U.S. dollars. The price of each product and pack size, the per-unit price and any shipping charge are shown on the product page and in your cart, and the full total is shown on the checkout page before you confirm.

Every purchase on this Site is a single, one-time charge unless you expressly choose the optional auto-ship program for a formula, described under Auto-ship program below. We do not run free trials that convert to paid plans, and we never enrol you in auto-ship or any other recurring charge without your express agreement. For a one-time order you are charged the total shown at checkout once, when you place the order, and not again unless you order again. There are no hidden fees. We may refuse or cancel an order where we suspect fraud, where a price was listed in error or where stock is unavailable; in that case you are refunded in full.

Billing descriptor: the charge appears on your card statement as “everydayvitalshop.com”. If you do not recognise a charge or have a billing question, contact our support first at [[SUPPORT_PHONE]] or [[SUPPORT_EMAIL]]. We will resolve it promptly.

Dietary supplement disclaimer

EverydayVital formulas are dietary supplements as defined by the Dietary Supplement Health and Education Act of 1994 (DSHEA). These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.

Our supplements are intended for healthy adults aged 18 and over. Do not use them if you are pregnant or nursing. Consult your physician or another qualified health professional before use if you take prescription medication or have a medical condition. Keep out of reach of children. Stop use and consult your doctor if an adverse reaction occurs.

Individual results vary. Any testimonial or example on the Site is one person's experience and is not a promise that you will see the same result. The full Supplement Facts panel for each formula is on its product page; always read the label on the bottle before use.

Intellectual property rights

Our limited licence to you. The Site and everything on it belong to us or our licensors and are protected by copyright, trademark and other intellectual property laws. The Site is for your personal, non-commercial use. You may not use it, or anything on it, in a way that infringes our rights or that we have not authorised. In particular, unless these terms or the owner of the material say otherwise, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works from, exploit or distribute any material from the Site in any medium. You may download or print one copy of individual pages for personal, non-commercial use, provided you keep all copyright and proprietary notices intact.

Your licence to us. By posting or submitting material to us (including comments, posts, photos and video) through the Site, social media or email, you represent that you own the material or have the owner's express consent, and that you are at least thirteen years old. You also grant us, and anyone we authorise, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide licence to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute and publicly perform or display that material, in whole or in part, in any medium now known or later developed, for any purpose, including the right to exploit any proprietary rights in it. You also grant us the right to identify you as the author by name, email address or screen name as we see fit.

You agree that any contribution you create for us is a “work made for hire” where it falls within Section 101 of the United States Copyright Act, so that the copyright belongs to EverydayVital from creation and EverydayVital is its author and exclusive owner, with the right to exploit it in all media, throughout the universe, in perpetuity, in all languages, as EverydayVital decides. Where a contribution is not a work made for hire, you irrevocably assign to EverydayVital, without further compensation, all proprietary rights in it, including all copyrights and trademarks, throughout the universe and in perpetuity in every medium. Material that reproduces earlier work of yours is co-owned with us.

EverydayVital may, but is not obliged to, use and display any posting or contribution, and may stop using or displaying it at any time for any reason.

Linking and framing. You may link to the Site provided the link does not state or imply our sponsorship of your site. You may not, without our written permission, frame or inline-link any content of the Site or incorporate our material into another website or service.

Disclaimers

The Site may link to third-party sites. Those links are not an endorsement of those sites or of what they offer, and we do not operate or control anything third parties provide on or through the Site or on linked sites.

Opinions, advice, statements, offers or other content from third parties are theirs, not EverydayVital's. Neither EverydayVital nor any third-party provider guarantees the accuracy, completeness or usefulness of any content, and EverydayVital does not endorse or take responsibility for any opinion, advice or statement made on the Site by anyone other than an authorised EverydayVital representative acting in that capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY EVERYDAYVITAL AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATION ABOUT THE USE OR THE RESULTS OF THE USE OF THE SITE OR OF MATERIALS ON IT OR ON THIRD-PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree to defend, indemnify and hold harmless EverydayVital, its affiliates and their successors, assigns and licensees, and the parent and subsidiary companies, agents, officers, directors, shareholders and employees of each, from any claim, cause of action, damage, liability, cost or expense, including legal fees, arising out of or related to your breach of any obligation, warranty, representation or covenant in these terms.

Online commerce

Parts of the Site may let you buy products or services provided by third parties. We are not responsible for their quality, accuracy, timeliness, reliability or any other aspect. If you buy from a merchant on the Site or on a linked site, information gathered during your visit and in the transaction, such as your card number and contact details, may be collected by both the merchant and us. A merchant's privacy and data practices may differ from ours, and we have no responsibility for them. Purchases through the Site may be subject to additional terms specific to those products or services; check the merchant's site or contact the merchant for details. You release us and our affiliates from any damages arising from your purchase or use of third-party products or services made available through the Site.

Your dealings with any third party found on or through the Site, including payment, delivery and any related terms, warranties or representations, are solely between you and that third party, and EverydayVital is not responsible for any loss or damage that results.

You are financially responsible for all purchases made by you or on your behalf through the Site. You agree to use the Site and to buy through it only for legitimate, non-commercial purposes, not for speculative, false or fraudulent purposes or to anticipate demand for a product. You may buy only for yourself or for someone you are legally permitted to buy for, and if you give us a third party's personal information you confirm you have that person's express consent.

Interactive features

The Site may include features such as comment areas, message boards, chat or email that allow feedback and interaction between users. Each user is responsible for what they post or send. We do not control the messages, information or files others provide. As a condition of using the Site you agree not to:

restrict or inhibit any other user from using and enjoying the Site;
impersonate any person or entity, or misrepresent your affiliation with one;
interfere with or disrupt any server or network used to provide the Site, or disobey the rules of those networks;
use the Site to instigate or encourage illegal activity or injury to any person or property;
gain unauthorised access to the Site or to any account, computer system or network connected to it, by hacking, password mining or other illicit means;
obtain or try to obtain material or information by means not intentionally made available through the Site;
post or transmit unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent material of any kind, including anything that would constitute or encourage a criminal offence, give rise to civil liability or otherwise violate any law;
post or transmit material that infringes the rights of others, including privacy or publicity rights or material protected by copyright, trademark or other proprietary right, without the rights holder's permission;
post or transmit anything containing a virus or other harmful component;
post, transmit or exploit any material for commercial purposes or containing advertising;
advertise or solicit anyone to buy or sell products or services, or to donate, without our written approval;
harvest email addresses or other personal information posted by other users for marketing.

EverydayVital may host forums on the Site or elsewhere. Anyone who fails to comply with these terms may be removed and refused further access. EverydayVital or its agents may remove or alter user content at any time for any reason. Forums are discussion spaces; what is posted there may come from EverydayVital staff, outside contributors or unaffiliated users, some anonymous. EverydayVital disclaims all responsibility for, and makes no representation about, the validity of any opinion, advice, information or statement made in those forums by third parties, and is not responsible for errors, omissions or embedded links in them. We, our affiliates, suppliers and agents are not liable for any loss or damage caused by reliance on information obtained through those forums. The opinions expressed there are solely those of the participants.

EverydayVital has no obligation to monitor forum content, but you agree that we have the absolute right to do so at our discretion, and to alter, edit, refuse to post or remove any content, in whole or in part, for any reason, and to disclose it and the circumstances of its transmission to any third party to satisfy a law, regulation, legal process or governmental request and to protect ourselves, our customers, sponsors, users and visitors.

Registration

To use certain features we may ask for demographic information such as your gender, year of birth, zip code and country, and signing up for features such as forums may require personal information such as your name and email address. You agree to give true, accurate, current and complete information. If we have reasonable grounds to suspect it is untrue, inaccurate or incomplete, we may suspend or terminate your account and refuse any current or future use of the Site. Our use of personal information you give during registration is governed by our Privacy Policy.

Passwords

Some features need a username and password issued through the Site's registration process. You are responsible for keeping them confidential and for everything done under your account, by you or by others. Notify us immediately of any unauthorised use or other security breach, and sign out at the end of each session. We are not liable for loss or damage arising from your failure to protect your password or account.

Limitation of liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES OUR LIABILITY AND THAT OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIAL, PRODUCT OR SERVICE ON IT, OR ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE AND THE PRODUCTS, SERVICES AND MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND EVERYDAYVITAL MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

WITH REGARD TO HEALTH AND WELLNESS CONTENT ON THE SITE:

THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION FOR EDUCATIONAL PURPOSES ONLY. DO NOT RELY ON IT AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERN OR QUESTION ABOUT YOUR HEALTH, CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE BECAUSE OF SOMETHING YOU READ ON THIS SITE. USE OF ANY INFORMATION PROVIDED HERE IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICE IS INTENDED TO BE, OR MAY BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELLING CARE. FOR THE PURPOSES OF THIS AGREEMENT THAT INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY AND THE PROVISION OF HEALTH-CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

Termination

We may cancel or terminate your right to use the Site, or any part of it, at any time without notice. After that you are no longer authorised to access the affected part. The restrictions on material downloaded from the Site, and the disclaimers and limitations of liability in these terms, survive termination.

Auto-ship program

EverydayVital formulas can be bought on an optional auto-ship basis. Auto-ship is available only on the 1-bottle pack, is never pre-selected, and applies only when you tick the auto-ship box on the product page and then agree to these auto-ship terms at checkout. Coffee and everyday goods are not available on auto-ship.

What you agree to. You pay for your first bottle at checkout. Then, every 30 days from your order, we automatically charge the card you used $94.94 ($84.99 + $9.95 shipping) and ship you a new bottle of the same formula, until you cancel. Auto-ship continues until you cancel; there is no fixed end date.
How to cancel. You can cancel at any time, for any reason, with no fee and no minimum number of orders: online at everydayvitalshop.com/cancel, by email at [[SUPPORT_EMAIL]], or by phone at [[SUPPORT_PHONE]] ([[SUPPORT_HOURS]]). Cancellation takes effect when we receive it, and no further auto-ship charges are made after that. We confirm every cancellation by email.
Confirmations and receipts. After you enrol we email a confirmation that repeats these terms and explains how to cancel. We email a receipt after every auto-ship charge, and a reminder of your auto-ship and how to cancel at least once a year.
Changes. If we ever change the auto-ship price or terms, we will email you at least 7 days before the change takes effect, and you may cancel before then. We will not charge a higher price without that notice.
Failed payments. If a renewal charge is declined we may retry it and will email you. If it cannot be collected, your auto-ship is paused and no order ships.
Refunds. Every auto-ship delivery is covered by our 30-day money-back guarantee, counted from its own delivery date, as described in our Refund Policy.

Billing terms

One-time purchases are charged once, when you order, and not again unless you order again. Auto-ship orders are billed as described under Auto-ship program, only after your express agreement. Payments are processed by our third-party payment provider. The charge appears on your card statement as “everydayvitalshop.com”. We accept Visa, Mastercard, Discover and American Express.

Refund policy

Every order is covered by our 30-day money-back guarantee, counted from the day your order is delivered. To request a refund, contact us within 30 days of delivery at [[SUPPORT_PHONE]] or [[SUPPORT_EMAIL]]. Products may be returned opened or unopened. Approved refunds go back to the payment method used at checkout. See our full Refund Policy for details and return instructions.

Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the “DMCA”) gives copyright owners recourse when they believe material on the internet infringes their rights under U.S. copyright law. If you believe in good faith that material hosted by EverydayVital infringes your copyright, you or your agent may send EverydayVital a notice asking that the material be removed or access to it blocked. A notice that does not meet the DMCA's requirements is not sufficient notice and does not give EverydayVital actual knowledge of facts or circumstances from which infringing material or acts are apparent. If you believe in good faith that a notice has been wrongly filed against you, the DMCA lets you send EverydayVital a counter-notice. All notices and counter-notices must meet the current statutory requirements of the DMCA; see copyright.gov. EverydayVital's Copyright Agent for notices is [[SUPPORT_EMAIL]].

Assignment

This agreement binds and benefits EverydayVital and our respective assigns, successors, heirs and legal representatives. Neither this agreement nor any rights under it may be assigned without EverydayVital's prior written consent, except that EverydayVital may freely assign all rights and obligations under it to any affiliated entity or wholly owned subsidiary.

Dispute resolution

These terms are governed by and construed in accordance with the laws of the State of [[GOVERNING_LAW_STATE]], and any dispute shall be subject to binding arbitration in [[ARBITRATION_CITY_STATE]]. If any provision of this agreement is unlawful, void or unenforceable for any reason, that provision is severable and does not affect the validity and enforceability of the rest.

Class action waiver

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or class member in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations are not allowed.

The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to it after the arbitration begins.

Severability

If any clause of these terms other than the Class Action Waiver is found illegal or unenforceable, it is severed and the rest of the terms remain in full force. If the Class Action Waiver is found illegal or unenforceable, the Dispute Resolution provision is unenforceable and the dispute will be decided by a court.

Contact

[[LEGAL_ENTITY_NAME]] d/b/a EverydayVital, [[STREET_ADDRESS]], [[CITY]], [[STATE]] [[ZIP]]. [[SUPPORT_EMAIL]], [[SUPPORT_PHONE]].