PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This agreement contains the terms and conditions that apply to your purchase from the Proappeal Service entity named on the invoice (“Proappeal Service”) that will be provided to you (“Customer”) on orders for products sold in the United States. By accepting delivery of the products described on that invoice, the Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions apply (i) unless the Customer has signed a separate formal purchase agreement with Proappeal Service, in which case the separate agreement shall govern; or (ii) unless other Proappeal Service standard terms apply to the transaction. These terms and conditions are subject to change without prior written notice at any time, at Proappeal Service’s sole discretion. Visit this page to review current terms and conditions of sale which are binding on you.
- Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void unless otherwise agreed to in a written agreement signed by both Customer and Proappeal Service
- Governing law. This agreement and any sales thereunder shall be governed by the laws of the state of Florida, without regard to conflicts of laws rules.
- Payment Terms; Orders; Quotes; Interest. Terms of payment are within Proappeal Service’s sole discretion, and unless otherwise agreed to by Proappeal Service, payment must be received by Proappeal Service before Proappeal Service accepts an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Proappeal Service Invoices are due and payable within the period noted on the reverse side of this invoice, measured from the date of the invoice. Proappeal Service may invoice parts of an order separately. Orders are not binding upon Proappeal Service until accepted by Proappeal Service Any quotations given by Proappeal Service will be valid for the period stated on the quotation. Customers agree to pay interest on all past-due sums at the highest rate allowed by law. Proappeal Service reserves the right to limit the order quantity on any product and/or to refuse to ship product to any Customer for any reason, or no reason whatsoever, with or without prior notice.
- Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Proappeal Service’s invoice(s). Unless Customer provides Proappeal Service with a valid and correct tax exemption certificate applicable to the product ship-to location before Proappeal Service accepted the order, the Customer is responsible for sales and all other taxes associated with the order, however, designated, except for Proappeal Service’s franchise taxes and taxes on Proappeal Service’s net income. If applicable, a separate charge for taxes will be shown on Proappeal Service’s invoice.
- Title; Risk of Loss. Title to products passes from Proappeal Service to Customer on shipment from Proappeal Service’s facility. Loss or damage that occurs during shipping by a carrier selected by Proappeal Service is Proappeal Service’s responsibility. Loss or damage that occurs during shipping by a carrier selected by the Customer is the Customer’s responsibility. Software title will remain with the applicable licensor(s).
- Warranties, Disclaimers. Proappeal Service disclaims all warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. In addition to these terms and conditions, the Customer agrees to be bound by the acceptance of contract terms contained elsewhere on this site.
- Refund Policy. Products purchased directly from Proappeal Service by Customer are subject to Proappeal Service’s Refund Policy.
- Products. Proappeal Service’s policy is one of ongoing product updates and revisions. While we do our best to ensure the information on our website is accurate to the best of our knowledge, product formulations and packaging may change without notice, and the product you receive may contain additional details or may differ from the product information available on this website. We recommend that you reference the complete information included with the product you receive – including ingredient lists, allergen statements, warnings, and directions – before consumption and do not rely solely on the details shown on this website. If you have any questions about product ingredients, allergen statements, warnings, or directions, please contact the product manufacturer directly. Proappeal Service may revise and discontinue products at any time and is not responsible for typographical errors or misprints. Vitacost.com reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.
- Price Definitions and Promotions. “Retail price” is defined as the manufacturer’s suggested retail price. “Vitacost price” refers to the product’s non-promotional price on Vitacost.com. “Sale price” is a limited-time promotional price for the product.
Proappeal Service conducts periodic promotions related to shipping, products, and promotional codes. All offers are for a limited time only, and while supplies last. Offers cannot be applied to previous orders. Rain checks are not allowed. Acceptance of promotional codes is at the sole discretion of Proappeal Service Promotional codes offering percentile discounts shall only apply to the first $1,000 value of the order. Proappeal Service reserves the right to cancel an order if it believes that a fraudulent or abusive order has been placed.
- Limitation of Liability. Proappeal Service does not accept liability beyond the remedies set forth herein, including any liability for products for any reason. Proappeal Service will not be liable for lost profits, loss of business, or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein.
- Arbitration. Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort, and equitable claims) against Proappeal Service, its agents, employees, successors, assigns, or affiliates (collectively for purposes of this paragraph, “Proappeal Service”) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Proappeal Service’s advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator and will be limited solely to the dispute or controversy between Customer and Proappeal Service The arbitration shall be held in Palm Beach County, Florida at the office of Proappeal Service, by telephone, or online. Any award of the arbitrator(s) shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
- Applicable Law; Not For Resale. Customers agree to comply with all applicable laws and regulations of the various states and the United States. Customer agrees and represents that it is buying for its internal use only, and not for resale. Proappeal Service has separate terms and conditions governing resales.
- Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
- Acceptance. By ordering any product from Proappeal Service, whether by clicking through over the internet, telephone, facsimile, or otherwise, the Customer agrees to be bound by these Terms and Conditions of Sale, as well as the “Acceptance of Contract Terms” contained elsewhere in the Proappeal Service site.