Terms of service

Last updated: July 22, 2026

IMPORTANT NOTICE REGARDING ARBITRATION

These Terms contain a binding individual arbitration agreement and class action waiver. Except for qualifying small-claims matters and certain limited exceptions described in Section 22, you and NutriVytal agree to resolve covered disputes through final and binding individual arbitration instead of in court.

Please review Section 22 carefully.

1. Overview and Acceptance

Welcome to NutriVytal.

These Terms of Service (“Terms”) govern your access to and use of nutrivytal.com, related webpages, customer accounts, subscription-management services, communications, products, content, features, and other services offered by NutriVytal, collectively referred to as the “Services.”

By accessing or using the Services, creating an account, submitting an order, enrolling in a subscription, completing a subscription renewal where these Terms lawfully apply, or clicking a button indicating your agreement, you acknowledge that you have read, understood, and agree to these Terms.

These Terms incorporate by reference our Privacy Policy, Refund Policy, Shipping Policy, Legal Disclaimer, and any product-specific, promotion-specific, subscription, or checkout terms presented to you in connection with a transaction.

If you do not agree to these Terms, do not use the Services or submit an order.

Our store is hosted through Shopify, which provides the e-commerce platform through which we offer products and Services.

For purposes of these Terms, “NutriVytal,” “we,” “us,” and “our” refer to Rocco Ecom LLC, a Wyoming limited liability company doing business as NutriVytal.

2. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to place an order or create a customer account.

By using the Services or placing an order, you represent that you satisfy these requirements and that the information you provide is accurate.

Products are intended for personal, family, or household use unless NutriVytal expressly authorizes another use in writing.

You may not purchase products for unauthorized resale, redistribution, relabeling, modification, reverse engineering, or other unauthorized commercial exploitation.

3. Product Categories and Intended Use

NutriVytal may offer different types of products, including:

  • Dietary supplements
  • Oral-care products
  • Mouthwash
  • Toothpaste
  • Teeth-whitening products
  • Topical or cosmetic products
  • Wellness products
  • Accessories
  • Other consumer products

Not every disclaimer, warning, or instruction applies equally to every product. You are responsible for reviewing the label, packaging, ingredient list, warnings, instructions, and intended-use information accompanying the specific product you purchase.

Products must be used only as directed and for their intended purpose.

Do not ingest a product unless its label specifically states that it is intended to be ingested. Keep all products out of reach of children unless the product expressly states otherwise.

4. Dietary Supplements and Health Information

Certain NutriVytal products are dietary supplements.

Statements concerning dietary supplement products have not been evaluated by the United States Food and Drug Administration unless expressly stated otherwise. Dietary supplements are not intended to diagnose, treat, cure, or prevent any disease.

Information provided through the Services is for general educational and informational purposes. It is not medical, dental, pharmaceutical, nutritional, or other professional healthcare advice and does not create a healthcare-provider relationship.

Consult an appropriately qualified healthcare professional before using a product, particularly if you:

  • Are pregnant, attempting to become pregnant, or nursing
  • Have a medical or dental condition
  • Have an allergy or sensitivity
  • Take prescription medication, over-the-counter medication, or other supplements
  • Are preparing for a medical or dental procedure
  • Intend to provide the product to a minor
  • Are unsure whether the product is appropriate for you

Review all ingredients, warnings, directions, serving recommendations, and allergen information before use.

Stop using a product and seek appropriate professional assistance if you experience an adverse reaction. Contact emergency services immediately in the event of a medical emergency.

Individual experiences and results vary. Testimonials, reviews, examples, endorsements, before-and-after presentations, and customer experiences do not guarantee that you will achieve the same or similar results.

5. Accounts and Customer Information

You may be required to provide your name, email address, telephone number, billing address, shipping address, payment information, or other information to place an order or manage a subscription.

You agree to provide accurate, complete, and current information.

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • Keeping your email, payment, and shipping information current
  • Reviewing your order and subscription information
  • Protecting access to your email and customer account
  • Activity occurring through your account

Notify us promptly if you believe that an account, subscription, or payment method has been used without authorization.

We may require reasonable identity or order verification before discussing an account, changing customer information, processing a request, or providing access to subscription-management features.

We may suspend or restrict access where we reasonably suspect fraud, unauthorized access, unlawful conduct, promotional abuse, policy abuse, or a violation of these Terms.

6. Product Information

We attempt to describe and display products accurately. However, packaging, labels, formulations, ingredients, serving sizes, colors, designs, accessories, and other product characteristics may change.

Website images are illustrative. Actual colors or appearances may vary because of manufacturing changes, packaging revisions, device displays, lighting, or other factors.

Review the physical product label and packaging before use. If information on the website appears inconsistent with the product label concerning ingredients, warnings, or directions, do not use the product until you obtain clarification.

We may modify or discontinue products, formulations, sizes, promotional packages, or Services subject to applicable law.

We do not guarantee that a particular product, package, formulation, promotion, gift, price, quantity, or subscription option will remain available.

7. Orders and Acceptance

Submitting an order constitutes an offer to purchase the products identified in the order under these Terms.

An order confirmation acknowledges receipt of your order but does not necessarily constitute final acceptance.

We may reject, hold, limit, or cancel an order for lawful reasons, including:

  • Product unavailability
  • Pricing or listing errors
  • Payment authorization failure
  • Suspected fraud or unauthorized payment use
  • Promotion or discount abuse
  • Duplicate or unusually large orders
  • Suspected unauthorized resale
  • An invalid or undeliverable address
  • Legal, regulatory, or carrier restrictions
  • A violation of these Terms or another NutriVytal policy

If we cancel an order after payment has been captured, we will provide an appropriate refund for the canceled portion, except where applicable law permits another resolution.

Orders generally enter processing quickly. We cannot guarantee that an order can be changed, redirected, or canceled after submission.

8. Prices, Payments, Taxes, and Charges

Prices are displayed in the currency indicated during checkout.

Applicable taxes, shipping, handling, shipment-protection charges, customs charges, and other disclosed fees may be added.

By submitting an order, you authorize NutriVytal and its payment providers to charge your selected payment method for the total amount shown in connection with your purchase.

If your order includes a subscription, you also provide the recurring-payment authorization described in Section 9.

You represent that:

  • You are authorized to use the payment method provided
  • The billing information you provide is accurate
  • The transaction is not fraudulent or unauthorized

Payment providers or card networks may use account-updating services to update expired, replaced, or reissued payment credentials where permitted.

Charges may appear on your financial statement as “NUTRIVYTAL” or a substantially similar billing descriptor.

If you do not recognize a charge, contact support@nutrivytal.com so that we can investigate.

Nothing in these Terms eliminates nonwaivable rights under applicable law or your payment-card agreement. Knowingly submitting a false or fraudulent payment dispute, refund claim, or unauthorized-charge claim may violate these Terms and applicable law.

We may provide order records, subscription records, consent records, account activity, correspondence, tracking information, delivery evidence, and other relevant information when responding to a payment dispute.

9. Subscriptions and Recurring Refills

9.1 Subscription Enrollment

When an order includes a subscription, the subscription continues automatically until canceled.

By completing a purchase with a subscription included in your order, you authorize NutriVytal and its payment providers to charge your payment method for recurring refill orders:

  • At the regular subscription price applicable to your product and paid quantity
  • On the recurring refill schedule associated with your subscription
  • Together with applicable taxes, shipping charges, handling charges, and other disclosed fees
  • Until the subscription is canceled, paused, or otherwise terminated

The subscription information associated with your order, customer account, subscription portal, and applicable product offer determines the products and refill schedule associated with your subscription.

9.2 First-Order Discounts

A subscription may begin with a promotional, introductory, or reduced first-order price.

Unless an offer expressly states otherwise, the discount applies only to the initial subscription order.

After the initial order, recurring refill orders are charged at the regular subscription price applicable to the product and paid quantity included in the subscription.

By completing the subscription purchase, you authorize:

  1. The initial promotional charge; and
  2. Subsequent recurring charges at the applicable regular subscription price until canceled.

9.3 Free Units, BOGO Offers, and Promotional Quantities

Unless an offer expressly states otherwise, free units, bonus units, promotional gifts, BOGO offers, and other promotional quantities apply only to the first subscription order.

The quantity purchased before adding free promotional units is the paid quantity that continues in subsequent refill orders.

For example:

  • Under a “Buy 1, Get 1 Free” offer, the initial order includes two units and subsequent refill orders include one unit.
  • Under a “Buy 2, Get 1 Free” offer, the initial order includes three units and subsequent refill orders include two units.
  • Under a “Buy 3, Get 2 Free” offer, the initial order includes five units and subsequent refill orders include three units.

Subsequent refill orders are charged at the regular subscription price applicable to the paid quantity.

Free units, gifts, bonus products, and promotional quantities do not continue on future refill orders unless the offer expressly states that they will continue.

9.4 Subscription Portal

Subscription management is performed through the subscription portal associated with your subscription.

Depending on the features available for your subscription, the portal may allow you to:

  • Cancel the subscription
  • Pause the subscription
  • Skip a refill
  • Change the delivery schedule
  • Select an available schedule of up to 90 days
  • Update payment information
  • Update the shipping address

Available portal features may differ depending on the product, subscription provider, account, or technical system involved.

We do not guarantee that every subscription will offer every modification option.

For assistance accessing the appropriate portal, email support@nutrivytal.com.

9.5 Cancellation

You may cancel a subscription through the subscription portal associated with your subscription.

Emailing customer support for a portal link, assistance, or instructions does not by itself complete cancellation unless NutriVytal expressly confirms that the subscription has been canceled.

Cancellation is effective when it has been successfully completed through the portal or otherwise expressly confirmed by NutriVytal.

You are responsible for completing cancellation before the next recurring order is charged and enters processing.

We recommend completing subscription changes at least 48 hours before the next scheduled charge. This recommendation does not guarantee that an order can be stopped if processing has already begun and does not limit rights that cannot legally be waived.

Cancellation prevents future refill orders. It does not automatically cancel, refund, recall, or reverse an order that has already been:

  • Charged
  • Submitted
  • Accepted
  • Sent for processing
  • Sent to fulfillment
  • Shipped

Orders already charged or processed are governed by our Refund Policy.

Stopping use of a product, refusing delivery, disputing a charge, unsubscribing from marketing messages, or deleting an account does not by itself cancel a subscription.

9.6 Pausing, Skipping, and Modifications

Where available through the portal, you may pause, skip, or modify future subscription orders.

Changes are effective when successfully completed and reflected in the subscription system.

A requested change may apply only to future refill orders if the next order has already been charged or entered processing.

9.7 Failed Payments and Retries

If a recurring payment fails, NutriVytal, the subscription provider, or the payment processor may:

  • Retry the payment method
  • Make multiple retry attempts
  • Request updated payment information
  • Send payment-related communications
  • Temporarily pause the subscription
  • Cancel or terminate the subscription after repeated failures

You remain responsible for properly authorized charges associated with orders that have already been processed.

9.8 Material Subscription Changes

We may modify subscription offerings, product availability, or prospective subscription terms as permitted by law.

Where applicable law requires notice or affirmative consent before a material change may apply, the legally required notice or consent will control.

Nothing in these Terms authorizes retroactive changes to an order that has already been charged.

10. Promotions and Discounts

Promotions are subject to the terms displayed with the applicable offer.

Unless expressly stated otherwise:

  • Promotions cannot be combined
  • Discounts have no cash value
  • First-order subscription promotions do not repeat
  • Free units and gifts apply only to the initial order
  • Free gifts are not separately refundable or exchangeable for cash
  • Promotional shipping terms may apply only to the initial order
  • Promotions may be limited to one per customer, household, account, payment method, billing address, or shipping address
  • Promotions are intended for personal use
  • Promotions may be modified, limited, or ended prospectively

We may reject or cancel a promotion where we reasonably suspect duplicate accounts, automated activity, manipulation, misrepresentation, resale, or other promotional abuse.

Where a refund or credit applies to a discounted bundle, the value may be allocated proportionally among the items.

11. Shipping and Delivery

Delivery dates and shipping times are estimates unless expressly guaranteed in writing.

Current estimates may be described in our Shipping Policy. Delays may result from:

  • Carrier conditions
  • Weather
  • Customs or border processing
  • International trade restrictions
  • Government action
  • Inventory shortages
  • Incorrect addresses
  • Security screening
  • Labor disruptions
  • Events outside our reasonable control

You are responsible for providing a complete, accurate, and deliverable shipping address.

Contact customer support immediately if you identify an address error. We cannot guarantee that an address can be changed after processing begins.

Tracking information and carrier records may be used to investigate lost, delayed, misdelivered, or disputed shipments.

12. International Orders

International customers are responsible for determining whether a product may lawfully be imported, possessed, or used in their jurisdiction.

International orders may be subject to:

  • Customs review
  • Import restrictions
  • Taxes
  • Duties
  • Brokerage charges
  • Carrier fees
  • Governmental inspections
  • Delays
  • Seizure or refusal by local authorities

Unless expressly stated otherwise, the customer is responsible for duties, taxes, customs charges, and other governmental or carrier-imposed charges.

NutriVytal is not responsible for delays or non-delivery caused by inaccurate customer information, customs restrictions, prohibited imports, unpaid duties, or governmental action, except to the extent applicable law provides otherwise.

Mandatory consumer rights in the customer’s jurisdiction remain unaffected.

13. Shipping Protection

Shipping Protection is an optional add-on administered by NutriVytal.

Shipping Protection may appear in your shopping cart before checkout and may be removed before the order is submitted.

By completing an order while Shipping Protection remains included in the cart, you request and agree to purchase Shipping Protection at the displayed price.

Shipping Protection may provide additional consideration for qualifying transit-related loss or damage, subject to:

  • The Refund Policy
  • The facts of the claim
  • Carrier information
  • Evidence requested by NutriVytal
  • Exclusions described in the applicable offer or policy
  • Applicable law

Shipping Protection does not guarantee a particular outcome for every claim.

Shipping Protection charges are nonrefundable after the order enters processing except where applicable law requires otherwise.

14. Returns, Replacements, Credits, and Refunds

Returns, replacements, credits, refunds, damaged items, defective products, incorrect orders, missing shipments, and dissatisfaction claims are governed by our Refund Policy.

Because certain products are ingestible, oral-use, personal-care, cosmetic, or hygiene products, health and safety considerations may restrict our ability to accept opened, used, unsealed, or unsolicited returns.

Do not send a product back without authorization. Unauthorized returns may be refused or may not qualify for replacement, credit, or refund.

Nothing in these Terms limits a refund, replacement, warranty, cancellation, or consumer-protection right that cannot lawfully be waived.

15. Website Information and Errors

The Services may contain typographical errors, outdated information, technical problems, inaccuracies, or omissions relating to:

  • Products
  • Ingredients
  • Prices
  • Promotions
  • Availability
  • Shipping
  • Subscription terms
  • Product images
  • Instructions
  • Other information

We may correct errors and update information as permitted by law.

Where a material pricing or product error affects an order that has not been finally accepted, we may cancel the affected order and provide an appropriate refund.

Historical, educational, or general content may not reflect the most recent research, formulation, packaging, or regulatory information.

16. Intellectual Property

The Services and their content, including trademarks, trade names, product names, logos, text, photographs, videos, graphics, designs, page layouts, advertising materials, software, and compilations, are owned by or licensed to NutriVytal.

We grant you a limited, revocable, nonexclusive, nontransferable license to access the Services for personal and lawful use.

Without written authorization, you may not:

  • Copy, reproduce, republish, sell, or distribute our content
  • Use our trademarks, logos, or branding
  • Create unauthorized derivative works
  • Scrape or systematically extract information
  • Circumvent access or security restrictions
  • Misrepresent an affiliation with NutriVytal
  • Use our content to market counterfeit or unauthorized products
  • Use product images or materials for unauthorized resale

All rights not expressly granted are reserved.

17. Reviews, Testimonials, Feedback, and Customer Content

If you submit or make available a review, photograph, video, testimonial, message, comment, suggestion, social-media content, or other material relating to NutriVytal, you represent that:

  • You own the content or have permission to provide it
  • The content reflects your genuine experience where presented as a testimonial
  • The content is not materially false or misleading
  • The content does not violate another person’s intellectual-property, privacy, publicity, or other rights
  • Any incentive or material relationship has been properly disclosed where required

To the extent permitted by law, you grant NutriVytal a worldwide, nonexclusive, royalty-free, transferable, sublicensable license to reproduce, edit, adapt, publish, display, distribute, advertise, and otherwise use the submitted content in connection with our business, products, Services, website, social-media accounts, and marketing.

This license does not authorize NutriVytal to materially misrepresent your statements or experience.

We may moderate, reject, or remove customer content but are not required to do so.

Customer content does not constitute medical or professional advice and is not guaranteed to be representative.

18. Prohibited Conduct

You may not use the Services to:

  • Violate a law or another person’s rights
  • Commit fraud
  • Provide materially false information
  • Access another person’s account without permission
  • Introduce malware or harmful code
  • Interfere with the operation or security of the Services
  • Manipulate promotions, reviews, subscriptions, payments, or referral systems
  • Submit knowingly fraudulent refund, delivery, or payment-dispute claims
  • Scrape content through unauthorized automated methods
  • Impersonate another person or entity
  • Harass, threaten, or abuse customers, employees, contractors, or providers
  • Purchase products for unauthorized resale
  • Alter or relabel products for sale
  • Use products or content for an unlawful purpose

We may restrict accounts, reject orders, limit promotions, suspend access, or take other appropriate action in response to suspected violations.

19. Third-Party Services

The Services may rely on or link to third-party providers, including:

  • Shopify
  • Payment processors
  • Subscription providers
  • Shipping carriers
  • Fulfillment providers
  • Review platforms
  • Analytics services
  • Advertising platforms
  • Social-media services

Third-party services may have their own terms and privacy practices.

We do not control third-party services and are not responsible for their independent acts, omissions, availability, security, content, or terms except to the extent liability cannot lawfully be excluded.

20. Privacy and Electronic Communications

Our collection, use, retention, and disclosure of personal information are governed by our Privacy Policy.

Payment information may be processed or stored by Shopify, payment providers, subscription providers, or other authorized providers.

You consent to receive transactional electronic communications relating to:

  • Orders
  • Payments
  • Shipping
  • Account access
  • Subscription management
  • Failed payments
  • Customer support
  • Cancellations
  • Policy or legal notices

Marketing consent is separate where required by law. Unsubscribing from marketing communications does not prevent necessary transactional communications.

You are responsible for maintaining an accurate email address and reviewing messages associated with your account.

21. Disclaimers and Limitation of Liability

21.1 No Guaranteed Results

NutriVytal does not guarantee that a product will produce a particular physical, cosmetic, dental, nutritional, wellness, or other result.

Results and experiences vary.

21.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, WEBSITE CONTENT, AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” EXCEPT FOR AN EXPRESS WARRANTY OR GUARANTEE THAT NUTRIVYTAL SPECIFICALLY PROVIDES IN WRITING.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUTRIVYTAL DISCLAIMS IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DURABILITY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

  • The Services will always be available, uninterrupted, secure, or error-free
  • Website information will always be complete or current
  • Every product will be appropriate for every person
  • A product will produce a particular result
  • Reviews or testimonials are representative
  • A third-party provider will always function without interruption

Some jurisdictions do not permit particular warranty exclusions. In those jurisdictions, exclusions apply only to the maximum extent permitted by law.

21.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUTRIVYTAL AND ITS AFFILIATES, OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, MANUFACTURERS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR REPLACEMENT COSTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUTRIVYTAL’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO A PRODUCT, ORDER, SUBSCRIPTION, OR THE SERVICES WILL NOT EXCEED THE AMOUNT PAID TO NUTRIVYTAL FOR THE SPECIFIC PRODUCT OR ORDER GIVING RISE TO THE CLAIM.

These limitations apply regardless of the legal theory asserted and even if damages were foreseeable.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including liability for fraud, willful misconduct, or personal injury to the extent applicable law prohibits limitation.

22. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO GO TO COURT, HAVE A JURY DECIDE A DISPUTE, OR PARTICIPATE IN A CLASS ACTION.

22.1 Informal Dispute Resolution

Before initiating arbitration or litigation, the complaining party must send the other party an individual written Notice of Dispute and attempt in good faith to resolve the matter informally.

Notices to NutriVytal must be emailed to support@nutrivytal.com with the subject line:

Notice of Dispute

The notice must include:

  • The customer’s full name
  • The email address associated with the order
  • The applicable order number, if available
  • A description of the dispute
  • The specific relief requested
  • Information reasonably supporting the claim

NutriVytal may send a Notice of Dispute to the most recent email address associated with the customer’s account or order.

The parties will have 30 days after receipt of a complete notice to attempt informal resolution.

This informal process is a condition that must be completed before arbitration, except where immediate temporary relief is reasonably necessary to prevent irreparable harm.

22.2 Agreement to Individual Arbitration

Except for the exceptions stated below, you and NutriVytal agree that disputes, claims, or controversies arising out of or relating to the following will be resolved through final and binding individual arbitration:

  • These Terms or an incorporated policy
  • The Services
  • A product
  • An order
  • A promotion
  • A subscription
  • Advertising or marketing
  • Billing or payment
  • Subscription enrollment or cancellation
  • Returns, refunds, replacements, or credits
  • Shipping or delivery
  • Communications between you and NutriVytal
  • The relationship between you and NutriVytal
  • The formation, interpretation, scope, enforceability, performance, or alleged breach of an agreement between you and NutriVytal

This arbitration agreement is governed by the Federal Arbitration Act.

The arbitrator may award any individual remedy that would be available in court under applicable law, but may award relief only to the individual claimant and only to the extent necessary to resolve that claimant’s individual dispute.

Except for issues that applicable law requires a court to decide, the arbitrator will decide disputes concerning the interpretation, applicability, scope, enforceability, or formation of this arbitration agreement.

22.3 Arbitration Administrator and Rules

Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and any applicable supplementary rules in effect when the arbitration is filed, as modified by these Terms.

If AAA is unable or legally unavailable to administer the arbitration, the parties will attempt to agree upon another nationally recognized arbitration administrator.

If the parties cannot agree, a court with jurisdiction may appoint an administrator or arbitrator under applicable law.

22.4 Arbitration Procedure and Location

Arbitration may be conducted through:

  • Written submissions
  • Telephone
  • Video conference
  • An in-person hearing
  • Another method permitted by the applicable rules

Any in-person consumer hearing will occur in a reasonably convenient location, including the customer’s county of residence where required by the applicable rules or law, unless the parties agree otherwise.

The arbitrator will issue a written decision explaining the essential findings and conclusions.

22.5 Arbitration Fees

Fees will be allocated under the applicable AAA Consumer Arbitration Rules, fee schedule, and governing law.

NutriVytal will pay business fees and arbitrator compensation that the applicable rules or law require NutriVytal to pay.

Each party will ordinarily bear its own attorneys’ fees and costs unless an arbitrator awards them under an applicable statute, rule, or other legal authority.

22.6 Small-Claims Exception

Either party may bring an individual claim in a small-claims court with jurisdiction if the claim qualifies and remains solely in that court.

If the claim is transferred, removed, or appealed to a court of broader jurisdiction, either party may elect arbitration.

22.7 Intellectual Property and Security

Either party may seek temporary or preliminary court relief where reasonably necessary to prevent immediate irreparable harm involving:

  • Intellectual-property infringement
  • Counterfeiting
  • Unauthorized system access
  • Data theft
  • Security violations
  • Misuse of confidential information

Seeking limited temporary relief does not waive arbitration of the underlying dispute.

22.8 Jury-Trial Waiver

For disputes governed by arbitration, you and NutriVytal knowingly and voluntarily waive the right to have the dispute decided by a judge or jury in court.

22.9 Class Action and Representative-Action Waiver

YOU AND NUTRIVYTAL AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY.

Neither party may bring, join, participate in, or obtain relief through a class, collective, consolidated, coordinated, private-attorney-general, or representative proceeding to the extent such a waiver is permitted by law.

An arbitrator may not combine the claims of more than one person or preside over any class, collective, consolidated, coordinated, or representative proceeding without the express written agreement of all affected parties.

If a final judicial decision determines that this waiver is unenforceable as to a particular claim or form of relief, that claim or requested relief will be severed and determined by a court after the arbitrable claims have been resolved.

The remaining portions of this arbitration agreement will continue to apply.

22.10 Coordinated or Mass Arbitration

Where 25 or more substantially similar arbitration demands are filed or coordinated by the same or associated counsel or organizations, the AAA Mass Arbitration Supplementary Rules or other applicable AAA coordinated-case procedures will apply.

Each claimant must individually satisfy the informal-dispute requirements in Section 22.1 unless AAA or applicable law determines otherwise.

Nothing in this subsection authorizes class arbitration.

22.11 International Consumers

For consumers residing outside the United States, this arbitration agreement and class action waiver apply only to the extent permitted by the mandatory law of the consumer’s jurisdiction.

22.12 No Contractual Arbitration Opt-Out

These Terms do not provide a contractual right to opt out of the arbitration agreement.

22.13 Prospective Application

This arbitration agreement does not retroactively apply to a dispute that arose before the effective date of these Terms where retroactive application would be prohibited or where the customer did not validly assent to the arbitration agreement.

23. Indemnification

To the maximum extent permitted by law, you agree to indemnify and hold harmless NutriVytal and its affiliates, owners, members, managers, officers, employees, contractors, and agents from third-party claims, liabilities, damages, judgments, and reasonable costs arising from:

  • Your unlawful use of the Services
  • Your material violation of these Terms
  • Your infringement of another person’s rights
  • Content you submit
  • Unauthorized resale, relabeling, or alteration of a product
  • Fraudulent, abusive, or intentionally wrongful conduct

This section does not require you to indemnify NutriVytal for conduct for which indemnification is prohibited by law.

24. Governing Law and Court Venue

The Federal Arbitration Act governs Section 22.

Subject to Section 22 and mandatory consumer rights, these Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

This choice of law does not deprive a consumer of a mandatory protection under the law of the consumer’s state, province, or country that cannot lawfully be waived.

For disputes that are not subject to arbitration or qualifying small-claims jurisdiction, the parties consent to the appropriate state or federal courts located in Florida, except where mandatory law requires another venue.

25. Suspension and Termination

You may stop using the Services at any time.

Stopping use of the website does not cancel an active subscription. A subscription must be canceled as described in Section 9.

We may suspend or terminate access to the Services for:

  • A material violation of these Terms
  • Fraud
  • Promotional abuse
  • Unlawful conduct
  • Security risk
  • Unauthorized resale
  • Other legitimate business or legal reasons

Termination does not eliminate obligations that arose before termination.

Provisions relating to intellectual property, payment, disclaimers, liability, dispute resolution, indemnification, and miscellaneous matters survive termination.

26. Changes to the Services and Terms

We may modify the Services or these Terms prospectively.

The “Last updated” date identifies the latest revision.

Material changes will be communicated where and in the manner required by applicable law.

Changes generally apply to conduct, purchases, or transactions occurring after the effective date of the updated Terms.

We will not retroactively alter the material economic terms of a completed order.

Where applicable law requires affirmative consent to a material change involving recurring billing or arbitration, the legally required consent standard will apply.

27. Miscellaneous

27.1 Entire Agreement

These Terms and the incorporated policies constitute the agreement between you and NutriVytal concerning the Services.

Specific offer terms displayed in connection with an order control over inconsistent general language concerning the price, product, quantity, or promotion applicable to that order.

27.2 Severability

If a provision is invalid or unenforceable, it will be enforced to the maximum extent permitted or severed where necessary.

The remaining provisions will continue in effect, subject to the specific severability provisions in Section 22.

27.3 No Waiver

Failure to enforce a provision does not waive the right to enforce it later.

A waiver is effective only if made in writing by an authorized NutriVytal representative.

27.4 Assignment

You may not assign your rights or obligations without our written consent.

NutriVytal may assign these Terms in connection with a merger, acquisition, financing, restructuring, sale, asset transfer, or transfer to an affiliate, subject to applicable law.

27.5 Force Majeure

NutriVytal is not responsible for delays or failures caused by circumstances outside our reasonable control, including:

  • Carrier disruptions
  • Severe weather
  • Natural disasters
  • War or terrorism
  • Civil unrest
  • Labor disputes
  • Governmental action
  • International trade restrictions
  • Customs delays
  • Supply shortages
  • Utility failures
  • Cyberattacks
  • Failures of third-party infrastructure

This section does not excuse obligations that applicable law does not permit us to excuse.

27.6 Electronic Records

Electronic records, checkout logs, order information, subscription records, account activity, emails, and electronic acceptance may be used to document transactions and agreement to these Terms, subject to applicable law.

27.7 Headings

Headings are provided for convenience and do not limit the meaning of these Terms.

27.8 Interpretation

These Terms will be interpreted according to their fair and ordinary meaning and not strictly against either party based on authorship.

28. Contact Information

Questions regarding these Terms, orders, subscriptions, or the Services may be sent to:

NutriVytal
Email: support@nutrivytal.com