TERMS OF USE
These Terms of Use (“Terms”) is a legally binding agreement between you (“user”, “you” or “your”) and VitageLab, LLC, a California Limited Liability Company (“VitageLab, LLC”, “we”, “us” or “our”) as to the use of the www.vitagelab.com website (“Site”) and the purchase and sale of any services and products offered by VitageLab (“Services”). If you do not agree with the Terms, you must not accept these Terms and may not access and use the Site and Services. By accessing and using the Site and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
1. User Representations
By using the Site and Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not under the age of 18; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
2. User Registration
You may be required to register to use the Site and Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
3. Purchase and Payment
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. If applicable, sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time without prior notice. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing. We reserve the right to refuse any order. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
4. Cancellations and Refunds
Once a purchase is completed, it shall be considered final, and no refunds will be issued.
5. No Medical Advice
The information provided on the Site is for general information only and is not intended to constitute medical advice or replace consultation with a qualified healthcare professional. All specific medical questions, including but not limited to the selection of Kits and interpretation of tests results obtained through the use of Kits, should be presented to your own health care provider.
6. Phlebotomy Services
We may provide a list of blood draw centers in your vicinity or connect you with mobile phlebotomists. Please note that these phlebotomists are not employed by us, and we do not assume responsibility for their services or any actions or oversights on their part. Your interaction is solely with the phlebotomist, and any concerns regarding their service should be raised directly with them.
7. Accuracy of Information
Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Site including, without limitation, pricing information, except as required by law.
8. Intellectual Property Rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by VitageLab or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with VitageLab. All trademarks, service marks, graphics and logos used in connection with the Site, are trademarks or registered trademarks of VitageLab or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any of VitageLab or third-party trademarks.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by VitageLab infringe your copyright, you, or your agent may send to VitageLab a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon VitageLab actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to VitageLab a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. VitageLab Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: contact@vitagelab.com.
9. Privacy Policy
We care about your data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms. Your consent encompasses all actions we undertake regarding your information, in accordance with our Privacy Policy.
10. Disclaimer
By utilizing our Site and Services, you agree that all information provided is subject to our Disclaimer, which is incorporated into these Terms.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VITAGELAB, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF THE LIABLE PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF VITAGELAB AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS RELATING TO THE SERVICES WILL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH THE SITE ONLY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS ITS ESSENTIAL PURPOSE.
12. Indemnification
You hereby agree to hold harmless, indemnify and defend VitageLab and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any claim, including any and all liabilities, losses, damages or costs, expenses and reasonable attorneys’ fees arising therefrom) relating to any action or proceeding brought against any of them by a third party due to or arising out of: (1) use of the Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; or, (4) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
13. Governing Law
These Terms shall be interpreted in accordance with and governed in all respects by the laws of the State of California without regard for, or reference to principles of conflicts or choice of law. Any dispute that arises under or relates to this Agreement shall be resolved by way of alternative dispute resolution venued in San Diego County. You agree to such choice of venue and will submit to the jurisdiction of the arbitrator without contest or challenge on account of, by way of example and not limitation, forum non conveniens.
YOU ALSO HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY SUCH ACTION OR PROCEEDING. YOU MAY ONLY RESOLVE DISPUTES WITH VITAGELAB ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A 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.
14. Alternate Dispute Resolution – Binding Arbitration
In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the breach thereof, except for small claims as set forth below, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. If the dispute cannot be settled through direct discussions, then upon notice by either party to the other, all remaining disputes, claims, questions, or differences shall be submitted to binding arbitration pursuant to the commercial arbitration rules of Judicate West (hereinafter “JW”). The arbitration shall be scheduled to take place in San Diego, California. The parties shall select a mutually acceptable arbitrator. In the event that the parties are unable to agree to such a selection, an arbitrator shall be selected pursuant to the JW Rules. Each side shall bear the expense of the arbitration proceedings. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties agree that the arbitrator shall have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication and motions to dismiss applying the standards set forth under the California Code of Civil Procedure. Any judgment on the award rendered by the arbitrator which shall be in writing may be entered in any court having jurisdiction thereof. The arbitrator shall have no power to alter or amend these Terms or to award any relief inconsistent with the provisions herein or unavailable in a court of law. In the event that you elect to pursue your claim in small claims court, you must notify us in writing of your intention to do so within 90 days of your purchase.
15. Changes and Amendments
We reserve the right to modify these Terms at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. An updated version of these Terms will be effective immediately upon the posting of the revised Terms unless otherwise specified. Your continued use of the Site and Services after the effective date of the revised Terms will constitute your consent to those changes. You are encouraged to review these Terms periodically for any changes.
16. Acceptance of these Terms
You acknowledge that you have read these Terms and agree to all of its terms and conditions. By accessing and using the Site and Services you agree to be bound by these Terms. If you do not agree to abide by the Terms, you are not authorized to access or use the Site and Services.
17. Termination
VitageLab may cancel or terminate your right to use the Site or any part of the Site at any time without notice. The restrictions imposed on you, and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive.
18. Notices
a. To You. We may provide any notice to you under these Terms, at our option, through the following methods: i) via email to the email address you provide during your registration or placement of order, ii) via personal us mail to the address you provide during your registration or placement of order, or iii) via posting on the Site. All notices that must or may be given pursuant to these Terms will be deemed to have been duly given upon posting to the Site, five (5) days following mailing with postage prepaid, or one (1) day following transmission by electronic means. It is your responsibility to ensure that your email and mailing address are up to date.
b. To VitageLab. To provide us with notice under these Terms, you must contact us as follows: i) via email to contact@vitagelab.com; or ii) via personal delivery, overnight courier, registered or certified mail to VitageLab, Inc. 402 W. Broadway, Suite 400, San Diego, CA 92101. We may update the email address or address for notices to us by posting a notice on the Site. All notices that must or may be given pursuant to these Terms will be deemed to have been duly given five (5) days following mailing, registered or certified mail with postage prepaid, or one (1) day following transmission by electronic means (with a hard copy thereof mailed to the recipient with postage prepaid).
19. Integrated Agreement
These Terms, along with our order confirmation, constitute the final and integrated agreement between you and VitageLab regarding the Site, our Services and all matters contained in these Terms.
20. Notice to California Users
Under California Civil Code Section 1789.3, California users of the Website 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., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
21. Miscellaneous
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
22. Contacting Us
If you have any questions, concerns, or complaints regarding this Privacy Policy, we encourage you to contact us at contact@vitagelab.com. This document was last updated on April 1, 2024.