This policy was last updated 5/16/2024.
TERMS OF USE
1. INTRODUCTION
Welcome to ViCera, LLC ("ViCera", "we", "our", or "us"). By accessing or using our website, purchasing our products, or participating in our services, you agree to be bound by these Terms of Use ("Terms"). If you do not agree to all of these Terms, you may not access or use our website, products, or services.
2. NUTRITIONAL ADVICE
a. ViCera provides nutritional advice for informational and educational purposes only. We do not guarantee any specific results from our nutritional advise OR health supplements and advise users to consult with their healthcare provider before starting any new diet, exercise program, or using any supplements, especially if they have any pre-existing medical conditions or concerns.
b. Our challenges, meal plans, shopping lists, workouts and overall health guidance are provided as general guidance and should be adapted to individual needs and circumstances. Users assume all risks associated with following our recommendations and are encouraged to seek personalized advice from qualified professionals.
3. HEALTH SUPPLEMENT DISCLAIMER
The use of health supplements, including but not limited to vitamins, minerals, herbal extracts, and dietary additives, is subject to individual discretion and responsibility. ViCera, LLC does not provide medical advice, diagnosis, or treatment. The information provided on this website or any affiliated platforms is for informational purposes only and is not intended to replace consultation with a qualified healthcare professional.
Consumers should consult with a healthcare provider before starting any supplementation regimen, especially if pregnant, nursing, under medical treatment, or have a pre-existing medical condition. Any information or claims regarding the benefits, efficacy, or potential side effects of health supplements are based on available scientific research and traditional use, and individual results may vary.
ViCera, LLC does not warrant the accuracy, completeness, or reliability of information provided regarding health supplements. The statements made regarding dietary supplements have not been evaluated by the Food and Drug Administration (FDA) and are not intended to diagnose, treat, cure, or prevent any disease.
Consumers should carefully read and follow the instructions provided on the product label or packaging. If adverse reactions occur, discontinue use immediately and seek medical attention. ViCera, LLC shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of health supplements, including but not limited to lost profits, medical expenses, or damage to property.
By using this website or purchasing health supplements from ViCera, LLC, consumers acknowledge and accept these terms and agree to indemnify and hold harmless ViCera, LLC and its affiliates, directors, officers, employees, agents, contractors, licensors, and suppliers from any claims, damages, or liabilities arising from the use of health supplements.
4. LIMITATION OF LIABILITY
ViCera, LLC, its affiliates, directors, officers, employees, agents, contractors, suppliers, service providers, licensors, successors, and assigns shall not be held liable for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages or loss arising from the use of, or the inability to use, the materials on this site or the performance of the products. Such damages include but are not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, even if ViCera, LLC has been advised of the possibility of such damages. Please note that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
5. INDEMNIFICATION
By using this site, you agree to indemnify, defend, and hold harmless ViCera, LLC, its officers, directors, members, employees, agents, licensors, contractors, service providers, suppliers, successors, and assigns from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account, including negligent or wrongful conduct, by you or any other person accessing the site using your Internet account.
6. USER CONDUCT
a. Users agree not to engage in any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity on our website or through our services.
b. Users must not post objectionable content, including profanity, obscenity, violence, bigotry, hatred, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
c. Prohibited content also includes pirated computer programs, viruses, worms, Trojan horses, or other harmful code, as well as any unlawful products, services, or promotions.
7. OWNERSHIP AND LICENSE
a. ViCera owns all rights, title, and interest in our website, including patents, copyrights, trademarks, trade secrets, and other proprietary rights.
b. Users are granted a limited, revocable, non-exclusive, non-transferable license for personal access and use of the site. Commercial use of the site is strictly prohibited. 8. Term; Termination
These Terms become effective upon your access to the Site or upon completion of the registration or shopping process. ViCera, LLC reserves the right to terminate these Terms, or any portion thereof, without notice at any time and for any reason. However, certain provisions, including those pertaining to Intellectual Property, Prohibited Uses, Warranty Disclaimer, Limitation of Liability, Indemnification, Binding Arbitration, Participation Disclaimer and Social Media and Other Postings, as well as Choice of Law and Forum, shall remain in effect even after termination. Any other provision intended to endure beyond termination shall also survive.
9. COPYRIGHT COMPLAINTS/DMCA
ViCera, LLC respects the copyrights of others and does not knowingly infringe upon them. We will promptly investigate any claim of infringement and take appropriate action, including removing or disabling access to
infringing material. If you believe that your copyright has been infringed, please provide ViCera, LLC with the following information under the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. §512 (“DMCA”): (i) identification of the copyrighted work you believe has been infringed; (ii) identification of the infringing material and its location; (iii) your contact information, including name, address, telephone number, and email address if available; (iv) a statement affirming that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information provided is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on their behalf; and (vi) a signature or electronic equivalent from the copyright holder or authorized representative. Notices of copyright infringement claims should be sent via email to support@viceranutrition.com or by mail to ViCera, LLC, PO BOX 26952 Benbrook, TX 76126. In compliance with the DMCA, we may terminate the use of our Site by repeat infringers after conducting an investigation.
10. DISPUTE RESOLUTION
In the event of any dispute, claim, or controversy arising between you and ViCera or any third-party service provider acting on our behalf, such dispute shall be resolved through arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Fort Worth, TX, and the arbitrator's decision shall be final and binding.
11. PARTICIPATION DISCLAIMER/SOCIAL MEDIA AND OTHER POSTINGS
ViCera, LLC does not undertake the exhaustive review of all communications and materials posted or generated by users accessing the Site and does not assume responsibility for their content. You acknowledge that ViCera, LLC, by providing you with the ability to view and distribute user-generated content on the Site, acts as a passive conduit for such distribution and assumes no obligation or liability concerning any content or activities on the Site. However, ViCera, LLC reserves the right to block or remove communications or materials that it deems (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property right of another, or (d) offensive or otherwise unacceptable to ViCera, LLC in its sole discretion.
We do not assert ownership of User-generated content. User-generated materials, such as communications, posts, comments, feedback, suggestions, ideas, audio, video, photographs, data, or other content that you submit on or through the Site (collectively referred to as "User Content") are considered non-confidential and non-proprietary. By submitting User Content, you grant ViCera, LLC a perpetual, irrevocable, royalty-free, worldwide, sublicensable, and transferable license to use, modify, distribute, reproduce, sell, display, transmit, publish, host, and create derivative works from User Content, including your name, persona, and likeness (and those of any other person appearing therein), for any commercial or non-commercial purpose, including marketing, without further notice to you. ViCera, LLC retains the right, in its sole discretion and without prior notice, to remove, revise, or refuse to post any User Content for any reason or no reason.
By submitting or posting User Content on the Site, you represent and warrant that: (i) you have all rights to the User Content and the right to grant the provided rights and licenses; (ii) you are 18 years of age or older; and (iii) the User Content does not contain unlawful, stolen, or defamatory content and does not violate any individual's privacy rights. You are solely responsible for the User Content, and you agree to indemnify and hold ViCera, LLC and its owners, employees, agents, affiliates, suppliers, licensors, contractors, service providers, assigns, and successors harmless from any damages, claims, expenses, costs, or fees arising from or related to your posting of User Content.
12. THIRD-PARTY LINKS
In an effort to enhance the value for our visitors, ViCera, LLC may provide links to websites operated by third parties. However, ViCera, LLC has no control over these linked sites, all of which have separate privacy and data collection practices independent of ViCera, LLC. These linked sites are provided for your convenience, and you access them at your own risk. ViCera, LLC assumes no responsibility for the content and practices of third-party websites. 13. Affiliate Links Disclaimer:
ViCera, LLC may participate in various affiliate marketing programs, which means we may earn commissions on purchases made through links to retailer sites. Our website may contain affiliate links, which are tracked using special codes that allow us to earn a commission on purchases made by visitors who click on those links.
Please note that these affiliate links do not affect the price you pay for products or services. They are simply a means for us to earn a small commission for referring you to the retailer. We only recommend products or services that we believe may be of value to our visitors, and our recommendations are based on our own research and expertise.
ViCera, LLC is not responsible for the content, practices, or policies of third-party websites linked to from our site, including those of affiliate partners. We encourage you to review the privacy policies and terms of use of any third-party websites you visit.
Your use of affiliate links on our site is voluntary, and you are under no obligation to click on or make purchases through these links. However, if you do choose to make a purchase after clicking on an affiliate link, we appreciate your support, as it helps us continue to provide valuable content and services to our visitors.
If you have any questions or concerns about our use of affiliate links, please feel free to contact us.
14. WARRANTY DISCLAIMER
ViCera, LLC, and its website, along with the materials, services, and products offered on this platform, are provided on an "as is" basis, without any warranties, whether express or implied. To the maximum extent permitted by applicable law, ViCera, LLC disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. ViCera, LLC does not guarantee that the functions of the website will be uninterrupted or error-free, that defects will be corrected, or that the site or its server are free from viruses or other harmful components. ViCera, LLC makes no warranties or representations regarding the accuracy, completeness, adequacy, usefulness, timeliness, reliability, or any other aspect of the materials and information provided on this site. Please note that some jurisdictions do not allow the exclusion of certain warranties, so the above disclaimers may not apply to you.
15. STATE LAW
ViCera complies with relevant state laws governing commercial communications. For residents of Florida, Washington, and Oklahoma, specific compliance requirements are outlined below.
- **Florida**: ViCera complies with the Florida Telemarketing Act and the Florida Do Not Call Act. Florida residents are assumed based on shipping addresses or phone number area codes. Mobile messages sent by ViCera in direct response to requests from Florida residents do not constitute telephonic sales calls or commercial telephone solicitation phone calls under Florida Statutes.
- **Washington**: ViCera complies with commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) for Washington residents. Washington residency is determined by the area code of the phone number used to opt into the Program.
- **Oklahoma**: ViCera complies with the Oklahoma Telephone Solicitation Act of 2022 for Oklahoma residents. Oklahoma residency is determined by the area code of the phone number used to opt into the Program.
16. MISCELLANEOUS
You represent and warrant that you have the necessary rights, power, and authority to agree to these Terms and fulfill your obligations. Neither party's failure to exercise any right provided herein shall be deemed a waiver of further rights. If any provision of these Terms is found unenforceable or invalid, it shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. Updates to these Terms will be communicated to you, and your continued participation indicates acceptance of such changes.
We respect your privacy. For information on how we collect and use your personal information, please review our Privacy Policy.
17. DISPUTE RESOLUTION AND BINDING AGREEMENT TO ARBITRATE
Please carefully review this section as it may significantly impact your legal rights, including your ability to file a lawsuit in court.
By using this site, you and ViCera, LLC agree to forego any rights to litigate claims in court or before a jury, or to participate in class actions or representative actions regarding a claim. Additionally, other rights you would typically have in court may be unavailable or limited in arbitration. Both parties waive the right to a jury trial. Any dispute, whether contractual, tortious, statutory, related to consumer protection, common law, intentional tort, injunctive, or equitable, between you and ViCera, LLC, its members, managers, agents, employees, successors, assigns, affiliates, direct and indirect subsidiaries, and any third party providing products or services to you in connection with your purchase or arising from your purchase of our products or services, your use of the site or services, these terms, their interpretation, or the breach, termination, or validity thereof, the relationships resulting from these terms (including relationships with third parties who are not signatories to these terms), ViCera, LLC's advertising, privacy, or cybersecurity practices, or any related purchase (collectively, "dispute"), shall be exclusively and finally resolved by binding arbitration. Disputes shall not include disputes, claims, or controversies concerning patents, trademarks, copyrights, trade secrets, or other intellectual property rights.
The arbitrator shall have exclusive authority, except regarding issues related to the Class Action Waiver, to determine the arbitrability and/or enforceability of this arbitration provision, including challenges of unconscionability or other challenges asserting that the arbitration provision or these terms are void, voidable, or otherwise invalid. The arbitrator shall have the authority to grant any remedy or relief available in court. Arbitration shall be administered by the American Arbitration Association (AAA) under the AAA Consumer Arbitration Rules. One arbitrator, chosen in accordance with the AAA Consumer Arbitration Rules, will hear the arbitration. Arbitration proceedings shall be governed by this provision and the applicable AAA procedures for consumer-related disputes in effect when the claim is filed. The arbitrator's award may be confirmed and
enforced in any court with jurisdiction. Consumers (individuals whose transaction is intended for personal, family, or household use) may choose to pursue their claims in small claims court instead of arbitration, limited solely to their individual dispute or controversy. You agree to arbitration on an individual basis and to additional procedures governing twenty-five (25) or more similar or coordinated claims, as outlined below.
Before initiating arbitration, both parties must provide written notice of the dispute ("Notice of Dispute"). The Notice of Dispute must be personally signed and contain (a) contact information (mailing address, email address, and telephone number); (b) a detailed factual description of the dispute's nature; and (c) the resolution and relief sought. The Notice of Dispute must be emailed to support@viceranutrition.com or sent by mail to ViCera, LLC, PO BOX 26952 Benbrook, TX 76126. The parties agree to attempt to resolve the dispute through informal negotiations for a 60-day period after receipt of the Notice of Dispute (or a mutually agreed-upon longer period). Either party may request a personal telephone or video conference during these negotiations. Compliance with this pre-arbitration procedure is a prerequisite for initiating arbitration with the AAA. Neither party may initiate arbitration unless this pre-dispute procedure is followed. If either party's compliance is questioned, either may seek court intervention, resulting in a stay of the arbitration until the court rules. The parties agree that any applicable statutory limitations period and arbitration filing fee deadlines will be tolled during participation in the pre-arbitration procedure.
To initiate arbitration, the demanding party must adhere to the AAA Rules and pay the consumer filing fee. For arbitrations initiated by consumers, the consumer filing fee is paid, and ViCera, LLC covers the remaining AAA fees and costs. For arbitrations initiated by ViCera, LLC, it covers all AAA fees and costs.
Class Action Waiver. To the fullest extent permitted by law, neither you nor ViCera, LLC shall join or consolidate claims by or against other customers/users or arbitrate or participate in any claim as a class or collective representative, class member, or in a private attorney general capacity. An arbitrator has no authority to hear or arbitrate any such class, collective, or other representative action. Any determination regarding the enforceability, unconscionability, voidness, or voidability of all or part of this Class Action Waiver shall be made by a court of competent jurisdiction, not an arbitrator. If a dispute is filed as a class, collective, or other representative action, and a final judicial determination finds all or part of the Class Action Waiver unenforceable, the enforceable portion of the Class Action Waiver shall be upheld in arbitration. The AAA Supplementary Rules for Consumer Multiple Case Filings and AAA Multiple Consumer Case Filing Fees shall apply if twenty-five (25) or more similar claims are asserted against ViCera, LLC by the same or coordinated counsel, or are otherwise coordinated, and your claim is one of them. In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and ViCera, LLC understand and agree that if twenty-five (25) or more similar claims are asserted against ViCera, LLC or you by the same or coordinated counsel, or are otherwise coordinated, resolution of your or ViCera, LLC's claim might be delayed. For such coordinated actions, you and ViCera, LLC also agree to the following coordinated bellwether process. Counsel for claimants and counsel for ViCera, LLC shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings. The remaining cases shall be considered filed for statute of limitations purposes but not for assessing AAA fees. No AAA fees shall be assessed for those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties fail to resolve the remaining cases after the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process, unless the parties agree otherwise. This bellwether process shall continue, consistent with the parameters identified above, until all claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this bellwether process from the
time the first cases are selected for a bellwether process until the time your or ViCera, LLC's case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have the authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against ViCera, LLC or you.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1 et seq. (FAA). 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. If you or ViCera, LLC prevail on any claim that affords the prevailing party statutory attorneys’ fees, the arbitrator may award reasonable fees to you or ViCera, LLC under the standards for fee shifting provided by law. Information on AAA and its applicable rules are available at the following numbers and URL: American Arbitration Association: (800) 778-7879, www.adr.org.
(i) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION EACH OF YOU AND VICERA WAIVE ANY RIGHT TO A JURY TRIAL.
Each of you and ViCera, LLC both agree that either party may bring suit in court to enjoin infringement or misuse of intellectual property rights.
Right to Opt Out of Arbitration. You can decline this agreement to arbitrate by emailing support@viceranutrition.com or write to us at ViCera, LLC, PO BOX 26952 Benbrook, TX 76126 and providing your name, address, and telephone number, date of first access to the Site, date of purchase of product or service, IP address and a statement that you wish to opt out of this arbitration agreement. The opt out notice must be emailed or mailed no later than 30 days after you first accept this agreement to arbitrate by using this Site. YOU HAVE THE RIGHT TO CONSULT WITH YOUR ATTORNEY CONCERNING THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. If you send the opt-out notice, and/or in any circumstances where the foregoing arbitration agreement permits either you or ViCera, LLC to litigate any dispute in court, then the foregoing arbitration agreement will not apply to either party, and both you and ViCera, LLC agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, California, or the federal district in which that county falls.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU OR VICERA MAY HAVE WITH RESPECT TO THE TERMS, PRODUCTS, SERVICES OR SITE (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF VICERA PRODUCTS) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. OTHERWISE, THE CLAIM IS PERMANENTLY BARRED.
This arbitration agreement will survive the termination of your relationship with ViCera, LLC.
18. CHOICE OF LAW AND VENUE
Your use of this Site shall be governed in all respects by the laws of the state of Tennessee, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. For any action where the Arbitration Agreement permits the parties to litigate in court, you agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of ViCera, LLC products) shall be in the state or federal courts located in Davidson County, Tennessee. ViCera, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. ViCera, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
19. USE OF SITE
Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a ViCera, LLC or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.