Terms and Conditions

Terms & Conditions on www.amino-vital.com

Legal Agreement.

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.

By using the Site, you agree to these Terms & Conditions and our Privacy Policy 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..


Orders.

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 contact@amino-vital.com


Payments.

We accept Visa®, MasterCard®, American Express® & Discover® cards. Our credit transactions are processed by PayPal, Inc.


Returns.

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.


Product Descriptions.

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.


Shipping.

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.


Delivery Dates.

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.


Privacy.

Please review our Privacy Policy to learn about how Ajinomoto North America, Inc. uses personal information collected on the Site.


Electronic Communications.

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.


Trademarks.

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.


Hyperlinks.

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 party websites.


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.


Indemnification.

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.


Termination.

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.