TERMS OF SERVICE
Effective Date: 08/05/2019
THESE TERMS OF SERVICE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. PLEASE READ SECTION 11 CAREFULLY.
You must be 18 years of age or older to use the Services. By visiting the Website or using the Services, you represent and warrant to Church & Dwight that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms
3. SUBSCRIPTION MEMBERSHIP; CANCELLATION POLICY
a. Recurring Membership; Automatic Renewal
YOU ACKNOWLEDGE AND AGREE THAT EACH MEMBERSHIP SUBSCRIPTION AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.
If you have signed up for a membership subscription, your payments of $46.00 plus $5.00 per booster pack should you add one or more to your subscription, will be billed every 30 days to your credit or debit card associated with your account (“Payment Method”). Shipping and handling is free for orders over $49.00. Every 30 days after receiving your shipment, you’ll receive a new 30-day supply of My vitafusion Packs and your additional boosters if you added any. The 30-day cycle will repeat until you cancel your membership subscription or we suspend or terminate it in accordance with these terms. For detailed instructions on how to cancel, see Section 3(b) below.
b. Subscription Membership Cancellation
You may cancel your subscription membership at any time by calling the customer relations phone number (1-888-405-9177). Cancellation requests submitted in this manner must be received at least one full calendar day prior to your next shipping date to avoid being charged for that shipment. Cancellation requests received after that shall take effect the following month. If you have any problems, please call us (1-888-405-9177) or email us at email@example.com.
4. TERMS OF SALE
Prices displayed on the Website (including any shipping and handling charges) are quoted in U.S. currency and are valid only in the United States. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the price associated with your Subscription Membership, we will provide advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set forth in Section 3(b).
Sales tax will be determined by the shipping address of the order and will automatically be added to your order in accordance with the current tax rate at time of charge. We do not collect sales tax in all states, only those where we are required to do so, or become required to do so by law in the future.
c. Product Availability
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an Order, to discontinue offering certain products.
If you are dissatisfied with one of our products for any reason, we will refund the amount you paid, less any applicable shipping and handling charges. Refund requests must be within thirty (30) days of the date of shipment by emailing us at firstname.lastname@example.org and following any instructions for a refund request. Promptly following our receipt of your request, we will credit the amount paid for the returned product, less any applicable shipping and handling charges, to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, we do not control when a specific credit card or Payment Method company processes a charge back transaction. You are responsible for contacting your Payment Method company if you have questions about the status of the charge back. We will not provide a refund for a request that is received by us more than thirty (30) days after the date of original shipment. We also do not provide a refund for returned products that are damaged or lost in transit or that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
e. Shipping and Product Acceptance
Shipping dates are estimates only. All shipments are sent via the U.S. Postal Service or a suitable third-party carrier. The risk of loss and title for all products purchased via the Website pass to you upon delivery of the products to the carrier.
5. USER CONTENT; USER CONDUCT
You are solely responsible for all photographs, video, images, information, data, text, software, music, sound, graphics, messages or other materials (“Content”) that you upload, post, publish or display (collectively, “Upload”), whether publicly or privately transmitted, by email or otherwise via the Services. Content also includes Content provided by you through third party services such as your social media account (e.g., Facebook, Instagram, Twitter, etc.) if such Content mentions, tags or otherwise interacts with Church & Dwight or My vitafusion Packs, the Services or any of our products or services.
By Uploading any Content you hereby grant and will grant Church & Dwight a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your Content in connection with the operation of the Services, the Website, the products, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. You represent and warrant that you own all right, title and interest in and to such Content, including, without limitation, all copyright and rights of publicity contained therein.
You agree not to use the Services to:
A. email or otherwise Upload any Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Church & Dwight is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Church & Dwight or its users to any harm or liability of any type;
B. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or violate any applicable local, state, national or international law, or any regulations having the force of law;
C. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
D. solicit personal information from anyone under the age of 18;
E. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
F. display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or Upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services;
G. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
H. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending Content from the Services, suspending or terminating access rights or the account of such violators and reporting you to the law enforcement authorities.
The Services are for your personal use. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.
a. For us
b. For you
You may stop accessing the Services at any time or delete your account by emailing us at email@example.com.
7. THIRD PARTY LINKS
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. We do not investigate, monitor, or review any third-party websites or resources to ensure their accuracy, completeness, or appropriateness. Church & Dwight makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website or resource. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
8. FEEDBACK; IDEA SUBMISSION
We welcome feedback, comments, reviews of the products you purchase through us, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org or by reviewing a particular product. Feedback is nonconfidential and shall become the sole property of Church & Dwight. We 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. You hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title and interest in and to all Feedback, including, without limitation, all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect and maintain our intellectual property rights for the Feedback.
b. Idea Submission
Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works in any form (“Ideas”) to Church & Dwight. Notwithstanding the foregoing, Ideas that are offered or communicated to us through the Services or otherwise shall be our property, and may be treated by us as non-confidential information. In such case, you agree that: (i) Ideas (including its complete contents) submitted by you to Church & Dwight will automatically become our property, without any compensation to you; (ii) Church & Dwight may use or redistribute Ideas and its contents for any purpose and in any way, without any compensation to you; (iii) we have no obligation to review Ideas; and (iv) we have no obligation to keep Ideas confidential, and no confidential relationship may be established by or inferred from any such Idea to, or the consideration of your Ideas by us.
9. INTELLECTUAL PROPERTY
You acknowledge and agree that the content, materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Website are the property of Church & Dwight or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. Church & Dwight, Arm & Hammer, vitafusion, and their associated logos are trademarks of Church & Dwight. All other trademarks are the property of their respective owners. All of our Website’s content is copyrighted by Church & Dwight. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms are reserved by Church & Dwight.
10. COPYRIGHT INFRINGEMENT
If you believe that any material contained on this Website infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in the form of a written notification (pursuant to 17 U.S.C. § 512(c)). The notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that you request us to remove and sufficient information to permit us to locate such material;
- Your address, telephone number, and email address, if available;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney's fees incurred by us related to the written notification and copyright infringement allegation.
11. DISPUTE RESOLUTION
a. Arbitration Agreement
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association ("AAA"), and conducted under AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating an arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If you initiate an arbitration, we will promptly reimburse you for any standard filing fee which may have been required under AAA's Procedures once you have notified us in writing and provided a copy of the arbitration proceedings. However, if we are the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to us, including the filing fee.
b. Class Action Waiver
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against us and may not preside over any kind of representative or class proceeding against Church & Dwight. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST CHURCH & DWIGHT. IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU HAVE ALREADY PURCHASED A PRODUCT AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT PURSUANT TO OUR RETURN POLICY TO GET A FULL REFUND.
c. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to any conflicts of law provisions. Any cause of action with respect to this Website, the Services, the products, the subscription membership, or these Terms must be filed in Mercer County, New Jersey within 1 year after the cause of action has accrued; unless such a filing is made in accordance with such rules, the cause shall be permanently barred.
ALL CONTENT, PRODUCTS, AND SERVICES ON THE WEBSITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY GUARANTEES OR WARRANTY. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHURCH & DWIGHT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE SERVICES IN RELATION TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CHURCH & DWIGHT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
We reserve the right to change any and all content and to suspend, or stop providing access to the Website (or any features or functionality of the Website), the Services, and products at any time without notice and without obligation or liability to you. Reference to products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
13. LIMITATION OF LIABILITY
You agree to defend, indemnify, and hold harmless Church & Dwight, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use or misuse of, or access to, the Services, the Website, or your violation of these Terms, or infringement by you (or any third party using your account or identity in the Services) of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
15. GENERAL TERMS
a. Entire Agreement
These Terms constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersede all prior oral or written understandings, communications or agreements.
If any provision of these Terms, or portion thereof, is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary and the remainder of these Terms will continue in full force and effect.
c. Headings; Interpretation
The section headings in these Terms of Service are for convenience only and have no binding effect. Any use of the words “including”, “for example” or “such as” shall be read as being followed by “without limitation” where appropriate.
d. Force Majeure
We will not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, mechanical, electronic or communications failure or degradation, or strikes or shortages of transportation facilities, fuel, energy, labor or materials.
No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither you nor us has any authority of any kind to bind the other in any respect.
f. No Waiver
Any delay or failure by us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing and signed by us.
We may assign, transfer, or delegate any of its rights or obligations under these Terms in its sole discretion and without consent. These Terms are personal to you, and you may not transfer, assign, or delegate your right and/or duties under these Terms to anyone else.
All provisions which by their nature should survive any termination of these Terms, or any termination of your use of the Website or Services, Content, products or subscription membership shall survive such termination.
15. GENERAL TERMS
Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at email@example.com or 500 Charles Ewing Boulevard, Ewing, NJ 08628.