Terms & Conditions on www.amino-vital.com
Thank you for choosing to use the Ajinomoto North America, Inc. Amino-Vital® e-commerce
site for the sale of Amino Vital® at www.amino-vital.com
(our “Site”). These terms and conditions apply to all individuals, companies and
organizations that register to buy Products on our Site (each such individual, company
or organization is referred to in these terms and conditions as “User” or “you”),
and constitute a binding, legal agreement (“Agreement”) between User and Ajinomoto
North American, Inc.. If you are ordering Products on behalf of the organization
with which you are employed, you represent and warrant that you have full power,
authority and legal capacity to enter into this Agreement and bind your employer,
company or organization.
which is incorporated herein by reference. Each time you use the Site, you reaffirm
your acceptance of the then-current Terms & Conditions. If you do not wish to
be bound by these Terms & Conditions, your only remedy is to discontinue using
the Site. Ajinomoto North America, Inc. may change these Terms & Conditions
at any time and in its sole discretion. The modified Terms & Conditions will
be effective immediately upon posting and you agree to the new posted Terms &
Conditions by continuing your use of the Site. You are responsible for staying informed
of any changes. If you do not agree with the modified Terms & Conditions, your
only remedy is to discontinue using the Site.
User Registration and Information.
In some cases, you may be required to register on the Site. If you are required
to register, you represent and warrant that you have completed, or that you will
promptly complete, all information in the User Registration form provided by Ajinomoto
North America, Inc. on our Site (“User Information”) correctly and completely. In
the event that any of your User Information changes in the future, you agree that
you will promptly update your registration information on our Site.
If you register on the site, you will have the opportunity to select a User ID and
Password during the User registration process. You are solely responsible in all
respects for: (a) all use of our Site made using your User ID and Password, and
(b) maintaining the confidentiality of your User ID and Password. Only one individual
may access our Site at the same time using the same User ID and Password. You agree
to notify us immediately of any unauthorized use of your email address, User ID
or Password or any other breach of security regarding our Site of which you are
aware. Ajinomoto North America, Inc. may refuse to grant you a User ID or Password
that impersonates someone else, is protected by trademark or other proprietary right
law, is vulgar or otherwise offensive, or for other reasons as determined by Ajinomoto
North America, Inc..
These terms and conditions govern the sale of products (“Products”) by Ajinomoto
U.S.A., Inc. on our Site. Ajinomoto North America Inc.’s acceptance of all orders
and all offers and sales by Ajinomoto North America, Inc. are subject to and expressly
conditioned upon User's assent to the terms and conditions of this Agreement, and
User's acceptance of any offer by Ajinomoto North America, Inc. must be made on
such terms and conditions exactly as offered by Ajinomoto North America, Inc.. Ajinomoto
North America, Inc. has priced all of its Products based upon the provisions in
this Agreement. All orders must be paid at the time of order. If you have any questions
about your order, please contact us at firstname.lastname@example.org
We accept Visa®, MasterCard®, American Express® & Discover® cards. Our credit
transactions are processed by PayPal, Inc.
Authorization for product returns must be approved by Ajinomoto North America, Inc.
Service Department. Unopened packages may be returned within two weeks (10 working
days) of receipt of Products. Ajinomoto North America, Inc. will pay shipping only
if the return is a result of an error on its part. Ajinomoto North America, Inc.
reserves the right to be the sole determinant of error.
Opened Product may only be returned if the product is defective. Customer Service
must be notified within 30 days of the defect and approve the return. No Product
can be returned after thirty (30) days.
Ajinomoto North America, Inc. attempts to be as accurate as possible in its Product
descriptions. However, Ajinomoto North America, Inc. does not warrant that Product
descriptions or other content on the Site is accurate, complete, reliable, current,
or error-free. If a Product is not as described, your sole remedy is to return it
in unused condition.
Products will be shipped via UPS unless otherwise specified at time of order, and
shall be deemed delivered to User when delivered to the transportation company at
the shipping point. Shipping charges will be added to your invoice. Each shipment
shall be considered a separate and independent transaction and payment for each
shipment shall be due accordingly.
User will be provided with an expected ship date upon order. This date constitutes
a good faith estimate and is not binding. Ajinomoto North America, Inc. will notify
the User in a timely fashion if ordered goods are not available. Ajinomoto North
America, Inc. is not liable for losses, damages or penalty as a result of any delay
in shipping ordered Product.
Risk of Loss.
Risk of loss or damage to the Products shall pass to User upon delivery of the Products
to the Transportation Company at the Shipping Point. Confiscation or destruction
of, or damage to, the Products following delivery to the transportation company
at the shipping point shall not in any way affect the liability of User to pay the
purchase price. User shall inspect the Products upon receipt and notify the transportation
company when there is evidence of shipping damage.
America, Inc. uses personal information collected on the Site.
When you visit the Site or send e-mails to us,
you are communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail or by posting notices
on this site. You agree that all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement that such communications
be in writing.
All trademarks, logos, and service marks displayed on the Site are registered and
unregistered trademarks of Ajinomoto North America, Inc. and/or third parties who
have authorized their use (collectively the “Trademarks”). You may not use, copy,
reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks
in any way. The use of Ajinomoto North America, Inc.’s trademarks on any other website
is strictly prohibited. All of the materials contained on the Site are copyrighted
except where explicitly noted otherwise. Ajinomoto North America, Inc. will aggressively
enforce its intellectual property rights to the fullest extent of the law, including
the seeking of criminal prosecution.
This Site may contain hyperlinks to third-party websites. Ajinomoto North America,
Inc. does not control or endorse these third-party websites or any goods or services
sold on those websites. Some of these websites may contain materials that are objectionable,
unlawful, or inaccurate. You acknowledge and agree that Ajinomoto North America,
Inc. is not responsible or liable for any content or other materials on these third
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED
ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY AJINOMOTO
NORTH AMERICA, INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED
IN WRITING. AJINOMOTO NORTH AMERICA, INC MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE
TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE
THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AJINOMOTO NORTH AMERICA, INC.
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AJINOMOTO NORTH
AMERICA, INC. DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS,
PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS
SITE. THEIR SERVERS. OR E-MAIL SENT FROM AJINOMOTO NORTH AMERICA, INC. ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. AJINOMOTO NORTH AMERICA, INC. WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY
INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE
MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.
Governing Law and Severability.
These Terms & Conditions shall
be governed by and construed in accordance with the laws of North Carolina without
regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction
for any claim or dispute under these Terms & Conditions and or your use of the
Site resides in the courts located in North Carolina, and you further expressly
agree to submit to the personal jurisdiction of such courts for the purpose of litigating
any such claim or action. If any provision of these Terms & Conditions is found
to be invalid by any court having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of these Terms
& Conditions, which shall remain in full force and effect. No waiver of any
provision in these Terms & Conditions shall be deemed a further or continuing
waiver of such provision or any other provision.
You agree to indemnify, defend, and hold Ajinomoto
North America, Inc. and each of its agents, representatives, and service providers
harmless from and against any and all claims, including but not limited to third
party claims, damages, costs, and liabilities, including reasonable attorneys’ fees
arising out of, or in connection with, your violation of these Terms & Conditions.
Ajinomoto North America, Inc. has the right to terminate
your account and access to the Site for any reason, including, without limitation,
if Ajinomoto North America, In., in its sole discretion, considers your use to be
unacceptable, or in the event of any breach by you of this Terms & Conditions.
Ajinomoto North America, Inc. may, but shall be under no obligation to, provide
you a warning prior to termination of your use of the Site.