Last Updated: September 26, 2022
THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS, SO PLEASE READ THEM CAREFULLY.
These Terms & Conditions (“Terms”) govern your access and use of the websites, mobile applications, and other online platforms and electronic services maintained by Vitamin Packs Inc. dba Persona Nutrition, and/or its subsidiaries or affiliated companies (collectively, “Persona,” “we,” us,” or “our”) that incorporate or link to these Terms (collectively, the “Sites”) and apply to any purchases on or through the Sites.
IMPORTANT: PLEASE NOTE THAT SECTION 4 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
By accessing or using the Sites, you acknowledge that you have read, understood, and agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Sites. The Sites are based and operated in the United States of America. We make no claims concerning whether the content may be downloaded, viewed, or appropriate for use outside of the United States. If you access or use the Sites from outside of the United States, you do so on your own initiative and at your own risk. Whether within or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
We may modify these Terms from time to time at our sole discretion. If we decide to modify these Terms, we will notify you by making the revised version available on the Sites and will indicate at the top of this page the date that revisions were last made. Any such changes will be effective upon our posting. You are responsible for staying informed of any changes and are expected to revisit this page from time to time, as revised versions will be binding on you. You understand and agree that your continued access or use of the Sites following the posting of revised Terms indicates your acceptance of and agreement to the changes. If you do not agree with the modified Terms, you must stop accessing or using the Sites.
Persona provides vitamins and nutritional supplements packaged for daily use and other related services (collectively, “Products”). Through our Sites, we offer health and wellness recommendations based on information you provide and an automatically recurring subscription service (“Service”) for the vitamins and nutritional supplements purchased through our Sites. Information presented on the Sites is intended to impart general fitness, nutrition, and health information. Persona is not engaged in rendering medical advice or services and submission of information to the Sites and use of any services available on the Sites does not create a doctor-patient relationship. THE INFORMATION PRESENTED ON THE SITES IS NOT INTENDED FOR TREATMENT OR DIAGNOSTIC PURPOSES. You should consult your doctor for medical advice or services, including seeking advice regarding a medical condition, illness, or treatment and prior to undertaking a new diet or wellness program or utilizing any related services on the Sites. Advance consultation with your doctor is particularly important if you are under eighteen (18) years old, or if you are pregnant, breastfeeding, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites.
The Sites are not targeted toward or intended for use by anyone under the age of eighteen (18). By using the Sites, you represent and warrant that you: (a) are (i) 18 years of age or older or (ii) legal age to form a binding contract with Persona, (b) have not been previously suspended or removed from the Sites, (c) have not engaged in any activity that could result in suspension or removal from the Sites, (d) do not have more than one Persona Account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. If you do not meet all of these requirements, you must not access or use the Sites.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 4 is enforceable, the following mandatory arbitration provisions apply to you.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing us at email@example.com.
In the event that we are not able to resolve a dispute, you and Persona each agree that any and all disputes, controversies, or claims (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) arising under or relating in any way to this agreement, or to the Products or the Sites shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association’s then-existing rules for arbitration of consumer-related disputes (accessible at https://www.adr.org/Rules), except that you may assert individual claims in small claims court, if your claims qualify.
You and Persona each expressly waive any right to trial by jury and the right to participate in a class action lawsuit or class-wide arbitration. Neither you nor Persona shall be permitted or entitled to join or consolidate claims by or against others or arbitrate or otherwise participate in any claims as a class member or class representative.
The arbitration will be conducted by a single, neutral arbitrator and will take place in a mutually agreeable location, in the English language. All issues are for the arbitrator to decide, including (but not limited to) issues relating to the scope and enforceability of this agreement to arbitrate and the arbitrability of any dispute between you and Persona. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. At your request, hearings may be conducted in person or by telephone, and the arbitrator may provide for submitting and determining motions on briefs, with or without oral hearings. Persona agrees that, upon request, it will pay a consumer’s filing fee for the arbitration.
For the benefit of the parties, all aspects of the arbitration proceeding, including (but not limited to) the transcripts of the hearing, the transcript of any deposition, and all documents produced or used during the arbitration proceeding, will be strictly confidential.
The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If a court decides that any provision of this Section is invalid or unenforceable, that provision will be severed and the other parts of this paragraph (and the remainder of these terms) will continue to apply, but in no case shall either you or Persona be permitted to participate in a class action lawsuit or class-wide arbitration.
This arbitration provision is optional. You may decline or opt out of this agreement to arbitrate by sending written and signed notice to firstname.lastname@example.org within (30) calendar days of signing up for subscription services for the vitamins and nutritional supplements purchased through the Sites.
Persona’s community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Sites, you hereby agree to comply with these community rules and that:
Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Sites, or any portion of the Services, without notice, and remove any User Content that does not adhere to these guidelines.
You are solely responsible for maintaining the confidentiality of your password and will be responsible for all usage or activity on your Account including, but not limited to, the unauthorized use of your Account by any person using your password and any purchases made by parties using your Account, whether or not authorized by you. You acknowledge that your Account is personal to you and agree not to provide any other person with access to the Sites or certain areas or features of the Sites using your email, password, or other security information, and to accept all risks of unauthorized access to your Account and the information you provide to us. You agree to immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your Account. We reserve the right to terminate your Account at any time, in our sole discretion.
By creating an Account, you also consent to receive electronic communications from Persona (e.g., via email or by posting notices to the Sites). These communications may include notices about your Account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
7.1 Subscriptions; Auto Renewal and Cancellation Policy
Subscriptions. Persona provides an automatically recurring subscription service for the vitamins and nutritional supplements purchased through our Sites. If you enroll in the subscription service, approximately every four (4) weeks you will receive a package from Persona containing a 28-day supply of the vitamins and nutritional supplements in your subscription, and your subscription will automatically renew, and you will continue to be charged on a recurring basis until you cancel. You can find specific details regarding your order and the Persona subscription service by accessing the Sites and your Account details.
Auto Renewal. Payments must be made using a credit card, debit card or other available online payment method (e.g., PayPal) (“Payment Method”). The charge for each shipment will be billed to the Payment Method used to create your Account and enroll in the subscription service or as otherwise provided by you. You authorize Persona or its third-party payment processor to store your Payment Method and to automatically charge your Payment Method on a recurring basis without notice until you cancel. If the primary Payment Method associated with your Account fails, you authorize Persona or its third-party payment processor to charge any other Payment Method provided with your Account or to contact you to update your Payment Method. If you have not provided an alternative Payment Method and fail to update your Payment Method and provide payment, or if all Payment Methods associated with your Account fail, we will cancel your subscription.
Your subscription order will automatically ship and your Payment Method will automatically be charged on a recurring basis for each 28-day supply of the items in your subscription order until you cancel. The total cost charged to your Payment Method for each subscription order will be the total price of the item(s) in your subscription on the date that order is invoiced, plus applicable taxes and shipping. The actual cost of each shipment may vary depending on the quantity of items in your order. You acknowledge and agree that Persona will not obtain any additional authorization from you for such automatic, recurring payments.
Subscription rates are set forth in U.S. Dollars. If you are using another currency, the actual amount may fluctuate based on currency exchange rates without notice to you. The subscription costs are non-refundable, unless otherwise required by applicable law. You understand and agree that you will not be entitled to any compensation or refund for any unused item(s) in your subscription. Persona may, at any time and in its sole discretion, change the price of any item included in your subscription, and will notify you within a reasonable time in advance of any such price change with the option to cancel. If you would not like to continue your subscription after such a change, you should cancel your subscription.
WHEN YOU ENROLL IN THE SUBSCRIPTION SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) YOU ARE STARTING A SUBSCRIPTION SERVICE WITH AN INITIAL AND RECURRING PAYMENT FEATURE WHICH WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS, AND (B) YOU AUTHORIZE PERSONA (OR OUR THIRD-PARTY PAYMENT PROCESSOR) TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD THE TOTAL PRICE FOR THE ITEMS IN YOUR SUBSCRIPTION ON THE DATE THAT ORDER INVOICED (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) UNLESS AND UNTIL YOU CANCEL. YOU ACKNOWLEDGE AND AGREE THAT PERSONA WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS. YOU MAY SKIP YOUR RECURRING SUBSCRIPTION ORDER AS OFTEN AS YOU’D LIKE BY MANAGING YOUR DELIVERY SCHEDULE ON THE ‘CHANGE ORDER DATE’ TAB IN YOUR ONLINE ACCOUNT.
CANCELLATION POLICY. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL. YOU MAY CANCEL AT ANY TIME BY CALLING +1 800-983-3887 (5:00 AM TO 6:00 PM PST, 7 DAYS A WEEK), EMAILING INFO@PERSONANUTRITION.COM, OR VIA THE ‘DELAY/CANCEL SUBSCRIPTION’ TAB IN YOUR ONLINE ACCOUNT. YOU MUST CANCEL WITH AT LEAST TWENTY-FOUR (24) HOURS NOTICE PRIOR TO YOUR NEXT ORDER INVOICE DATE. SHOULD YOU CANCEL AFTER THAT TIME FRAME, YOUR PAYMENT IS NON-REFUNDABLE AND YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION. If you do not cancel your subscription in accordance with these terms (i.e., at least 24 hours before your next order invoice date), we will not refund, credit, or replace any returned items. Returns that do not comply with our return policy will not be credited or replaced under any circumstances.
In the event you cancel your subscription, please note that Persona may still send you promotional communications unless you opt out of receiving those communications by following the unsubscribe instructions provided therein. You may obtain further information about your subscription by calling +1 800-983-3887 (5:00 am to 6:00 pm PST, 7 days a week), by emailing email@example.com, or by logging in to your online Account.
We may, in our sole discretion, cancel all or part of your subscription order at any time for any reason, in our discretion. If we do so, you will only be charged for orders that have been shipped to you and we will refund any corresponding amount to the extent already paid by you. We will notify you of any such cancellation and amount refunded. WE RESERVE THE RIGHT TO MODIFY OR CHANGE THESE SUBSCRIPTION TERMS AT ANY TIME, UPON NOTICE TO YOU AND IN OUR SOLE DISCRETION. If any change to these subscription terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED PARTICIPATION AFTER MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION.
You have the ability to purchase gift cards for other people through the Sites (“Gifts”). We offer various Gift options, so please visit the Purchase a Gift page on our Website or our FAQs for more information.
When you purchase a Gift, we will send an email to the Gift recipient that can be used to redeem the Gift. The Gift recipient will be required to create a Persona Account in order to access the Sites and redeem the Gift. Gifts are not refundable or redeemable for cash, unless otherwise required by applicable law. However, Gifts do not expire, and any unused balance will be placed in the Gift recipient’s Persona Account.
7.3 Free Trials
From time to time, to the extent legally permitted, we may offer free trials of certain subscription items for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration.
ONCE YOUR FREE TRIAL ENDS, WE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR FREE TRIAL. INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION ARE DESCRIBED IN SECTION 7.1 ABOVE. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL IS ENDING AND WILL CONTINUE INTO A PAID SUBSCRIPTION UNLESS YOU CANCEL AS DESCRIBED IN THE “CANCELLATION POLICY” SECTION ABOVE. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE FREE TRIALS AT ANY TIME, UPON NOTICE TO YOU AND IN OUR SOLE DISCRETION.
7.4 Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your Persona Account, you can do so at any time by logging into your Account and editing your payment information.
You acknowledge that the amount billed may vary due to promotional offers, changes to your subscription, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
7.5 Pricing and Availability
All prices are shown in U.S. Dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the pricing associated with items in your subscription, we will provide advance notice of such changes with the option to cancel. If you do not agree with a price change associated with the items in your subscription, you have the right to reject the change by cancelling your subscription prior to the next order invoice date as described in the Cancellation Policy under Section 7.1 above. Please make sure that you read any notifications of price changes carefully. The shipment of Products, as applicable, to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription in accordance with the Cancellation Policy set forth in Section 7.1 prior to shipment.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products, and to substitute Products (including, but not limited to, specific ingredients or entire items) without prior notice. We strive to provide you with high quality Products, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at firstname.lastname@example.org.
We will collect applicable sales tax on Products shipped to all jurisdictions for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates. We will not be able to notify you of changes in any applicable taxes.
7.7 Shipping and Handling
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third-party courier. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third-party courier.
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery.
If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door or in your mailbox. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that delivery of your Order is significantly delayed, we may cancel your Order and issue you a credit or refund of the purchase price for that Order.
7.9 No Resale
You are not permitted to resell or otherwise use the Products for commercial purposes.
7.10 Returns and Refunds
If you are dissatisfied with a Product or ingredient for any reason, you must contact us at email@example.com within fourteen (14) days of the date your first order was received and we will either replace the Product at our expense or, depending on the circumstances, provide you a full or partial credit or refund of the purchase price for that order. We may require the return or photographic documentation of any Product with which you are dissatisfied before we provide you a replacement, credit, or refund. If you do not contact us within 14 days of your first order, we will not refund, credit or replace your product. Unauthorized returns will not be credited or replaced under any circumstances.
We are not responsible for the validation of the address provided at checkout and will not provide returns, refunds or replacement orders for address errors provided at checkout beyond 30 days of the first order.
Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein, including, without limitation, the Persona logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined in Section 13), other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Persona or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.
You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Sites and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell, or use commercially the Sites or Content, (b) distribute, publicly perform, or publicly display any Content, (c) modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof, (d) use any data mining, robots, or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us, and (f) use the Sites or Content other than for their intended purposes. Any use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Persona or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the Sites and Content may include software components provided by Persona or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Sites by, or terminating the Accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on the Sites infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:
Name of Designated Agent:
Address: Persona Legal Department, 35131 SE Douglas St. Suite 105 Snoqualmie, WA 98065
Phone: +1 800-983-3887
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
“Persona,” the Persona logo, and any other Persona Product or service names, logos or slogans that may appear on the Sites or Products are trademarks of Persona and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any meta tags or other “hidden text” utilizing “Persona” or any other name, trademark, or Product or service name of Persona without our prior written permission. In addition, the look and feel of the Sites and Products, including, without limitation, all page headers, custom graphics, button icons, and scripts, constitute the service mark, trademark, or trade dress of Persona and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names, and company names or logos mentioned on the Sites or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, Services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Persona.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Sites for noncommercial purposes, provided that such link does not portray Persona or any of our Products in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. You may not use a Persona logo or other proprietary graphic of Persona to link to the Sites without our express written permission. Further, you may not use, frame, or utilize framing techniques to enclose any Persona trademark, logo, or other proprietary information, including the images found on the Sites or Products or the text, layout, design, or form(s) contained on any page on the Sites without our express written consent.
Persona makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party websites accessible by hyperlink from the Sites or of websites linking to the Sites. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes, or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement, or adoption of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party website to which you navigate from the Sites.
We may display content, advertisements, and promotions from third parties through the Sites or in shipments with Products (collectively, “Third-Party Content”). We do not control, endorse, or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, and that Persona is not responsible or liable in any manner for such interactions or Third-Party Content.
You agree that you will not commit a tort or violate any law, contract, or intellectual property or other third-party right while accessing or using the Sites, and that you are solely responsible for your conduct. You agree that you will abide by these Terms and will not:
The Sites may include interactive features and areas that allow users to create, post, share, or store content, including but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items, or other materials (collectively, “User Content”). In the event you decide to share your User Content with others through the Sites or third-party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Sites. By using the interactive features and areas of the Sites, you further agree not to create, post, share, or store any of the following:
We are not responsible or liable for any User Content. Although we have no obligation to screen, edit, or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.
We do not claim any ownership interest in your User Content. However, by uploading, posting, or submitting User Content to the Sites, or to our pages or feeds on third party social media platforms (e.g., Persona’s Facebook page, Instagram page or Twitter feed), you hereby grant Persona a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and publicly display your User Content, in whole or in part, and your name, likeness, voice in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic, and other commercial and noncommercial purposes.
By uploading, posting, or submitting User Content to Persona through the Sites, you represent and warrant that (a) such User Content is nonconfidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize Persona to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation, or third-party right.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials, or other information about Persona, the Sites, or the Products (collectively, “Feedback”). Feedback is nonconfidential and shall become the sole property of Persona. Persona shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Persona, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “Persona Parties”), from and against all actual or alleged Persona Party or third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including but not limited to damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content, or Products, (b) any User Content you create, post, share, or store on or through the Sites, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, or (f) any third party’s use or misuse of the Sites or Products provided to you. You agree to promptly notify Persona of any third-party Claims and cooperate with the Persona Parties in defending such Claims. You further agree that the Persona Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Persona.
UPON DELIVERY, YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE, HANDLING, STORAGE, USE, AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS BEFORE CONSUMING SUCH PRODUCTS, INCLUDING READING ANY WARNINGS OR INFORMATION PROVIDED ON PACKAGE RELATED TO ALLERGENS AND INGREDIENTS.
WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER, OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES.
EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS AND THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PERSONA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITES OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
WE RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT AND TO MODIFY, SUSPEND, OR STOP PROVIDING ACCESS TO THE SITES (OR ANY FEATURES OR FUNCTIONALITY OF THE SITES) AND THE PRODUCTS AT ANY TIME WITHOUT NOTICE AND WITHOUT OBLIGATION OR LIABILITY TO YOU. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, VENDOR, OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP, OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY US.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERSONA OR ANY OF THE OTHER PERSONA PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME, OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR CONTENT, THE ORDER, RECEIPT, OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM PERSONA, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PERSONA’S RECORDS, PROGRAMS, OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) FOR CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT, OR USE OF PRODUCTS PURCHASED FROM PERSONA, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF PERSONA AND THE OTHER PERSONA PARTIES (JOINTLY) EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) FOR CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO ACCESS OR USE OF THE SITES OR CONTENT, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF PERSONA AND THE OTHER PERSONA PARTIES (JOINTLY) EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE PERSONA AND THE OTHER PERSONA PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, AND LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT, AND FOREVER DISCHARGE PERSONA AND THE OTHER PERSONA PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH PERSONA PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
ACCESS TO THE PERSONA OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS, AND/OR SERVICES OFFERED BY AND/OR THROUGH THE PERSONA OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF PERSONA SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) or the provision of the Products at any time and without liability therefor.
These Terms are to be governed by and construed in accordance with the law of New Jersey, United States of America, without reference to its conflicts of law rules.
These Terms constitute the entire agreement between you and Persona relating to your access to and use of the Sites and your order, receipt, and use of Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Persona. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance, and Persona’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
Persona may, from time to time, offer consumers purchasing Products on our e-commerce site, www.personanutrition.com, the opportunity to earn certain rewards via Persona’s Refer-a-Friend Program. For additional details please visit the Refer-a-Friend Program Terms or the Refer-a-Friend Program page on our e-commerce site.