Frequently Asked Questions
Privacy and Security
- Is my credit card information kept secure?
- I don’t wish to give my credit card information online. Are there other ways to order?
- How can I view the Supplement Facts for an item?
- I have the catalog item number of the product I’d like to purchase. How do I order it?
- How do I find information about a product?
- How can I find out the status of my order?
- My order is listed on UPS.com as “Billing Information Received” what does that mean?
- Will I be notified when my back-ordered item will be available or if the expected ship date changes?
- I’m missing an item from my order. What do I do?
- When will my order ship?
- My order needed verification; will it ship today?
- When do the promotions and prices on the website change?
- Are the website prices the same as the store prices?
- Do I need to set up an account to shop on the website?
- I have changed my address, email address and/or credit card. How do I change my account information?
- I’ve forgotten the password for my account. What should I do?
- How do I “Sign out” of my account?
- What kind of password do I need to set up an account?
- Do I have to change my password if I’ve already got an account?
Ordering and Payment
- How do I place an order?
- Can I make changes to my order after I have submitted it?
- Can I cancel my order once it has been submitted?
- When am I charged for the items that I order?
- I order the same products each time. Can I be set up to receive them automatically?
- Can I view the orders I’ve placed in the past?
- Will you notify me if there are problems with my order?
- What forms of payment do you accept?
- Do I need to pay sales tax with my order?
- If one or more of my items are on backorder, when will I receive my order?
- When will my order ship?
- Where does my order ship from?
- What shipping carriers do you use?
- Do you refrigerate products during shipping?
- What are your shipping options? How much does each cost, and how long will it take?
- Will you notify me when my order has been shipped?
- Can I ship to an address other than my own?
Pick Up in Store
- How does Pick Up in Store work?
- What do I need to bring to the store in order to pick up my order?
- What should I do when I get to the store?
- How long do I have to pick up my order?
- Do I have to pay for shipping for store pickup orders?
- When will my order be ready?
- Do I pay online or in the store?
- What happens if the price in the store is less than what I purchased online?
- Can I order refrigerated items?
- Can I cancel my order?
- Can I return my order?
- What if I decide I don’t want an item when I pick up my order?
- Can I place a Pick Up in Store order over the phone?
- What is your return policy?
- What is your return address?
- What should I do if my items arrive damaged or defective?
- What should I do if I received the wrong item?
Promotions, and Gift Cards
- Do online-only promotions work in the store?
- How do I get coupons from the Sunshine Vitamin Discount Store?
- Do you sell gift cards?
- My coupon is not working. What do I do?
- How do I redeem Coupons, Gift on the website?
How do I contact Customer Care?
The Sunshine Vitamin Discount Store
2608 Tamiami Trail North
Naples, FL 34103
Is my credit card information kept secure?
We have special technology called Secure Socket Layer (SSL) to prevent unauthorized people from intercepting your credit card information. Please read about credit card security to learn other ways to make your shopping experience more secure.
Are there other ways to order?
At The Sunshine Vitamin Discount Store, you can shop any way you want. If you don’t wish to shop online, you may order by phone, fax or mail.
Order by phone
Call toll-free: 1-800-289-9537.
Order by fax
Just print out your completed shopping cart and checkout pages and fax to 239-436-1945
Order by mail
Print out your completed shopping cart and checkout pages and send to:
The Sunshine Vitamin Discount Store
2608 Tamiami Trail North
Naples, FL 34103
How can I view the Supplement Facts for an item?
Most of the products on our website have detailed supplement facts available. Click on the Supplement Description tab under the product image on the product page to view. If the supplement facts are insufficient, please contact the manufacturer for more information.
Use our search engine
Located at the top right corner of each page, our search engine is specially designed to let you filter or narrow down your searches based on a variety of criteria. You can search by brand, product type or any keyword you choose.
Still, need help? Please contact us.
How can I find out the status of my order?
Ensure you have received a shipping confirmation email and locate the tracking number.
I’m missing an item from my order. What do I do?
If an item has is missing from your order please check your invoice to ensure that missing item is not on backorder or check your email confirmation for possible multiple tracking numbers.(order may have been sent in multiple packages)
When will my order ship?
Orders will be shipped within 24 to 48 hours, pending verification of billing and shipping information however, it can take up to 4 to 5 business days.
When do the promotions and prices on the website change?
Prices on our website can be updated at any time and may change for weekly and monthly specials.
Are the website prices the same as the store prices?
All online offers and prices are valid for online purchases only and may be different from those in our retail store.
Do I need to set up an account to shop on the website?
If you want to purchase products online you must set up an account. However, you don’t need to set it up until you are ready to check out. Until then, you may browse, learn, and comparison-shop as long as you like.
I have changed my address, email address and/or credit card. How do I change my account information?
Click on My Account at the very top of the home page. Log in using your current email address and password. You’ll then be able to change your account information, including credit card, billing and/or shipping address, email address and password. You can also access our Quick Reorder feature, view your order history.
I’ve forgotten the password for my account. What should I do?
Click on My Account at the very top of the home page. Scroll down to the “Forgot Your Password” section and follow the directions for receiving a new password instantly via email. Still, have questions? Please contact us.
How do I place an order?
1) Add items to your cart by clicking the “Add to Cart” button displayed along with the product description.
2) When you have added all of the items you wish to purchase to your cart, click the Checkout button on either the shopping cart page or the top right corner of the page you are using.
3) Enter your billing, shipping and payment information as directed.
4) Confirm your order by clicking the “Submit Order” button at the bottom of the confirmation page.
Can I make changes to my order after I have submitted it?
We work hard to get your orders processed as quickly as possible. We will try to make the changes but we cannot guarantee we will be able to once the order has been submitted.
Can I cancel my order once it has been submitted?
We work hard to get your orders processed as quickly as possible. We are not able to cancel orders once the order has been submitted.
When am I charged for the items that I ordered?
Your credit card is charged once your order is shipped. If you have a backorder item on your order your credit or debit card will receive an authorization for the full amount of the order including the backorder item. However, you are only charged once an item(s) ship.
I order the same products each time. Can I be set up to receive them automatically?
Yes! You can enroll in our AUTO-DELIVERY program and set up your favorite products to automatically be delivered to you on a frequency that you select. Please click here to learn more.
Can I view the orders I’ve placed in the past?
Yes. Click on the “My Account” option at the very top of the home page. Log in using your email address and password. You’ll then be able to view your order history.
Will you notify me if there are problems with my order?
We will immediately notify you by email of any complications with your order, including backorders and credit card authorization issues.
What forms of payment do you accept?
We accept the following payment methods:
- American Express
- Sunshine Vitamin Discount Store Gift Cards
We also accept checks or money orders, if you prefer to mail in your order form.
Do I need to pay sales tax with my order?
Sales Tax is charged on shipments to jurisdictions where sales tax is applicable. The taxability of a particular item is determined by the guidelines set forth by the jurisdiction the item is shipped to.
Taxes are estimated to the best of our ability and will be final on your order confirmation.
The amount of tax charged is based on current tax rates. Shipping charges may also be subject to tax in applicable states. Tax will be refunded for returned items.
When will my order ship?
We make every effort to ship your order within 24 to 48 hours of order placement if all items are in stock. All other items ship in 4 to 5 business days. See Shipping Policy for full details.
Where are you shipping my order from?
We are currently operating in Naples, FL your order will be fulfilled and shipped to your location as well as stock position for the product(s) that you ordered. We will provide care and urgency to ensure that your package arrives on time and in one piece.
What shipping carriers do you use?
Your package can ship any of 3 ways:
- UPS (used for most shipments)
- UPS mail innovations or UPS Sure Post (USPS & UPS partnership)
Do you refrigerate products during shipping?
Products are kept under a temperature-controlled environment in our store but are not kept refrigerated during the course of shipping.
Will you notify me when my order has been shipped?
You will first receive an email confirming your order, and then another email notifying you when your order has been shipped.
Can I ship to an address other than my own?
Yes. When you go through the order checkout process, you will be able to enter separate addresses for billing and shipping.
How does Pick Up in Store work?
While on a product details page or in your shopping cart, select Pick Up in Store and proceed to checkout. Once your order has been placed, we will update you on the status of your order via email. Please wait until you have received your “Ready for Pick Up” email before going to the store, as you will not be able to pick up your item(s) sooner.
For pickup at your store, please bring a valid photo ID (i.e., a state ID, driver license, military ID) and your email confirmation or your order confirmation number. A signature will be required upon pick up.
How long do I have to pick up my order?
Your item(s) will remain available for 10 days from the time you receive your Ready for Pick Up email. If after 10 days your order has not been picked up, your order will be canceled and your original method of payment will not be charged.
Do I have to pay for shipping for store pickup orders?
No, Pick Up in Store orders always include free shipping.
Can I change the store I would like to pick up my order at once I’ve selected it?
Before your order has been placed, you can change your store in your shopping cart. However, once the order has been placed no modifications can be made. To change or cancel a store pick up the order, call us at 1-800-289-9537.
Can I have items shipped to the store?
Yes, when you place your order, just choose the Pick Up In-Store delivery option. If items aren’t currently in stock, we’ll deliver them to your local store for free and send you an email when your order is ready for pick up.
How will I know when my order is ready to be picked up?
You will receive a “Ready for Pick Up” email. Please do not go to the store before receiving this email, as you will not be able to pick up your item(s) sooner.
Do I pay online or in the store?
You will pay online and to complete the transaction, you will sign upon pickup in the store.
How will I receive my receipt?
You will receive your receipt upon order pick up at the store.
What happens if the price in the store is less than what I purchased online?
The store will complete the transaction and perform a refund or exchange to honor the lower price.
Can I order refrigerated items?
Yes! Now, for the first time ever, when you Buy Online and Pick Up In-Store, you can order refrigerated products, like chilled probiotics, fish oil, and flaxseed oil.
Can I place a Pick Up in Store order over the phone?
Yes. Please call Customer Care at 1-800-289-9537.
Shop with confidence with our Returns Policy
Customers may return any opened or unopened merchandise purchased from any Sunshine Vitamin Discount Store channel to any Sunshine Vitamin Discount Store within 30 days. When accompanied by a receipt the customer will receive the return in the original form of payment. Without a receipt, the customer will receive a merchandise credit for the lowest selling price during the prior 30 days.
Don’t Live Near Our Store? Make a Return By Mail:
For purchases shipped to your home, send your purchase and receipt to our Returns Department. For returns via mail, you must carefully package the product; you are responsible for the cost of return shipping.
You may ship your return to our Naples, FL store.
The Sunshine Vitamin Discount Store
Attention: Returns Department
2608 Tamiami Trail North
Naples, FL 34103
Make a Return to a Local The Sunshine Vitamin Discount Store:
Bring your purchase and receipt to Sunshine Vitamin Discount Store. When accompanied by a receipt the customer will receive the return in the original form of payment. Without a receipt, the customer will receive a merchandise credit for the lowest selling price during the prior 30 days.
For Orders Placed with PayPal:
Online orders paid for with PayPal and returned to a Sunshine Vitamin Discount Store retail store will be refunded via merchandise credit for a future store purchase. If you would like for your PayPal account to be credited, return your order, with receipt to one of our distribution centers:
The Sunshine Vitamin Discount Store
Attention: Returns Department
2608 Tamiami Trail North
Naples, FL 34103
Still, have questions?
Our one of our knowledgeable Customer Care we’re ready to help!
Please visit our Contact Us page where you can connect via phone or email. Monday thru Friday from 10:00 AM – 6:00 PM EST
What should I do if my items arrive damaged or defective?
We make every effort to package your order so that it will arrive in great condition. Unfortunately, sometimes items may be damaged during shipment. We understand your frustration and we will do everything we can to replace the product as quickly as possible. If you have received a damaged item, please e-mail us at email@example.com or call us at 1-800-289-9537. Give us your name, order number and the item number that was damaged and we will arrange for the damaged item to be replaced immediately.
What should I do if I received the wrong item?
If you received the wrong product, flavor, size or color, simply e-mail us at firstname.lastname@example.org or call us at 1-800-289-9537. Give us your name, order number and the item that was not correct and what item you should have received. We will check into this immediately, arrange for the missing product to be returned to us, and send out the correct product right away! You will receive the correct one before you know it.
Do online promotions only work in-store?
For online-only promotions, please note these promotions are eligible for both ships to home orders and orders that are placed online for pickup in-store. Online promotions are not valid for transactions made directly at the store.
Do you sell gift cards?
Yes. We sell gift cards of various denominations. Click HERE to see our gift cards section.
How do I contact Customer Support?
To submit a question or comment to us using the Feedback Form. Once you have entered your question or comment in the fields provided, click Submit to send it to us.
Effective date: October 1st, 2019
Free shipping applies to the contiguous 48 states only.
Most orders are shipped via USPS Priority Mail (1-3 days) under 10 lbs. Our standard shipping charge is $5.95
FREE SHIPPING on orders over $100.00 up to 10 lbs!
Please provide appropriate telephone numbers and email addresses. If the correct information is not provided we will be unable to ship your order.
Sales tax will be applied to all orders containing items that are not food or taken as food supplements within the state of Florida.
Returns must be defective or unopened within 30 days of purchase with the receipt. No exceptions.
We will send you (the customer) with a Prepaid SASE (Stamped Envelop/Box) for the return at no cost to you if the item is defective and/or unopened product.
Sunshine Discount Vitamin will credit the original credit card (of the customer) on the same day that we receive the item back.
HOWEVER, WE DO NOT KEEP CREDIT CARD INFORMATION ON FILE, PLEASE PROVIDE A CURRENT PHONE NUMBER, so that we may contact you about any concerns regarding your order.
If the bill to and ship to addresses on the order do not match we may email you and ask you to call us to verify the order. If we do not receive the requested phone call the order will not be shipped. Credit card fraud is at an all-time high and we must protect the cardholders and ourselves.
Orders are usually shipped within 48 hours after the order is placed unless notification is given. Please allow 2-8 business days to receive your order. This does not take into account Special Orders.
If a requested product is back-ordered/unavailable or discontinued, we will contact you within 24-48 business after the order is placed.
IF you have any question please be sure to contact us:
Call Our Mail Order Line
or email us at email@example.com
Effective date: October 1st, 2019
As noted in the Terms of Service, we do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at 1-800-289-9537.
What Information does The Sunshine Vitamin Discount Store Collect?
Information You Provide to Us:
We receive and store any information you knowingly provide to us. For example, through the registration process and/or through your account settings, we may collect Personal Information such as your name, email address, phone number. Certain information may be required to register with us or to take advantage of some of our features.
Information Collected Automatically
Will The Sunshine Vitamin Discount Store Share Any of the Personal Information it Receives?
We neither rent nor sell your Personal Information in personally identifiable form to anyone. However, we may share your Personal Information with third parties as described in this section:
Information that’s no longer personally identifiable. We may anonymize your Personal Information so that you are not individually identified, and provide that information to our partners. We may also provide aggregate usage information to our partners, who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage information to a partner in a manner that would identify you personally, as an individual.
We may deliver a file to you through the Services (known as a “web beacon”) from an ad network. Web beacons allow ad networks to provide anonymized, aggregated auditing, research, and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site. You may be able to opt-out of web beacon tracking conducted by third parties through our Services by adjusting the Do Not Track settings on your browser; please note that we don’t control whether or how these third parties comply with Do Not Track requests.
User Profiles and Submissions: Certain user profile information, including your name, location, and any video or image content or Comments that such user has uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our services. Your user name may also be displayed to other users if and when you post comments or interact with other users through the Services
Protection of The Sunshine Vitamin Discount Store and Others: We reserve the right to access, read, preserve, and disclose any information that we [reasonably] believe is necessary to comply with law or court order; enforce or apply our Terms of Service and other agreements; or protect the rights, property, or safety of Thrive Market, our employees, our users, or others.
Is Personal Information about me secure?
Your account is protected by a password for your privacy and security. If you access your account via a third-party site or service, you may have additional or different sign-on protections via that third-party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or another sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.
What Personal Information can I access?
Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us:
- name and password
- email address
- mailing address
- phone number
- credit card information
- and other user profile information
The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at 1-800-289-9537.
What choices do I have?
You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.
You may be able to add, update, or delete the information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request termination of your account or deletion of certain of your information at firstname.lastname@example.org Some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.
What if I have questions about this policy?
If you have any questions or concerns regarding our privacy policies, please send us a detailed message to email@example.com or at The Sunshine Vitamin Discount Store 2608 Tamiami Trail North, Naples, FL 34103 USA and we will try to resolve your concerns.
TERMS OF SERVICE
Last Updated: October 1, 2019
The Sunshine Vitamin Discount Store is the operator of firstname.lastname@example.org (the “Site Throughout these Terms of Service, the terms “we”, “us” “Sunshine Vitamin Discount Store ” and “our” refer to Sunshine Vitamin Discount Store, Inc. The Sunshine Vitamin Discount Store offers the Site, and the App, including all information, tools, and services available from the Site and the App to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated below. NOTE THAT SECTION 20 OF THESE TERMS OF SERVICE 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 visiting our site and/ or by accepting these terms and conditions “Terms of Service,” or “Terms”) upon check out when purchasing something from us (the “Products”), or by your signing up for a yearly subscription to access the “Service” (a “Membership”) and agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing, using our website or opting to accept these Terms. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to your agreement to these Terms of Service.
Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes.
We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and service available on the Site to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
Section 1 – Use of Site
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of Sunshine Discount Vitamins. You may not otherwise copy, modify, or distribute the contents of this Site without the prior written consent of Sunshine Discount Vitamins. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.
We require all members to agree not to use the Site and specifically prohibit any use of the Site, for any of the following purposes:
Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
Engage in any harassing, threatening, intimidating, and predatory or stalking conduct;
Posting any information which is untrue, inaccurate or not your own;
Use or attempt to use another user’s account without authorization from such user and Sunshine Discount Vitamins;
Use the Site, and Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site, and Service or that could damage, disable, overburden or impair the functioning of the Site, and Service in any manner;
Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
Attempting to interfere in any way with the Site, or Sunshine Discount Vitamins’ network security, or attempting to use the Site service to gain unauthorized access to any other computer system;
Using the Site to drop ship merchandise to third parties;
Bulk purchases for resale;
Purchase of products for commercial use or in connection with distribution via a commercial meal service (e.g. school cafeteria; school snacks, etc.);
Use of the Service or shipment of products outside the United State; and
Having more than one account per household
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without the prior written consent of Sunshine Discount Vitamins.
Section 2 – Site Not for Minors
The Sites are not targeted toward or intended for use by anyone under the age of 18. By agreeing to these Terms of Service, you represent that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, (d) do not have more than one The Sunshine Vitamin Discount Store 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. You may not use the Services If we later discover or suspect that a person is at least 18 years of age, we reserve the right to take steps to cancel access to the Service.
A breach or violation of any of the Terms will result in an immediate termination of your access to the Services.
Section 3 – Fraud Protection
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
Section 4 – Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
Section 5 – Modifications to the Service and Prices
Prices for Services and any products made available through the Services are subject to change without notice. We will provide you with notice of such change in a commercially reasonable manner.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
The Sunshine Vitamin Discount Store reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.
Certain products or services may be available exclusively online through the Service. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
Section 6 – Accuracy of Billing and Account Information
When you sign up for a to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you agree to provide current, complete and accurate purchase and account information for all purchases made via our Service on our Site. You agree to promptly update your account and other information, including your email address and credit card account information, expiration dates and shipping address, so that we can complete your transactions and contact you as needed.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You represent and warrant that you have the legal right to use any credit card(s) or other payment methods utilized in connection with any Transaction. By submitting such information, you grant to The Sunshine Vitamin Discount Store the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
You agree that by placing an order on the Site and agreeing to these Terms, you are entering into a binding contract with The Sunshine Vitamin Discount Store and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Section 7 – Additional Terms and Conditions
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies, review guidelines, Returns Policy, and refer a friend programs (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
Section 8 – Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 9 – Third-Party Links
The Sunshine Vitamin Discount Store has no control over and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Service. In addition, The Sunshine Vitamin Discount Store will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Service, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that The Sunshine Vitamin Discount Store shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that The Sunshine Vitamin Discount Store is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Sunshine Discount Vitamins, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
Section 10 – User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example Sweepstakes entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials (exclusive of your personally identifiable information), whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You are responsible for all Comments you contribute, in any manner, to the Service, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You are responsible for all your activities in connection with the Services.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 11 – Copyright Infringement
In accordance with the DMCA, we’ve adopted the policy below toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the Sunshine Discount Vitamins’ Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that The Sunshine Vitamin Discount Store is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, an email address;
A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
remove or disable access to the infringing material;
notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
terminate such content provider’s access to the Services if he or she is a repeat offender.
Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
A physical or electronic signature of the content provider;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which The Sunshine Vitamin Discount Store is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, The Sunshine Vitamin Discount Store may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that The Sunshine Vitamin Discount Store may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Sunshine Discount Vitamins’ discretion.
Please contact Sunshine Discount Vitamins’ Designated Agent at the following address:
The Sunshine Vitamin Discount Store Inc.
2608 Tamiami Trail North
Naples, FL 34103
Section 12 – Personal Information
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at 1-800-289-9537.
Section 13 – Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 14 – Disclaimer – No Professional Advice
Any information provided by us regarding the products or otherwise (e.g. product descriptions, promotional videos, blog posts, or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts, and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
Section 15 – Taxes
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax are based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the Internet are taxable.
Section 16 – Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or (l) in a manner inconsistent with, or in violation of, these Terms. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 17 – Disclaimer of Warranties; Limitation of Liability
The Sunshine Vitamin Discount Store attempts to display information on this site and in connection with the Services as accurately as possible. However, The Sunshine Vitamin Discount Store does guarantee not to make any representations or warranties concerning any content contained in or accessed on the Site or through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from The Sunshine Vitamin Discount Store or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EXCEPT IN CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF SUNSHINE DISCOUNT VITAMINS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL THE SUNSHINE VITAMIN DISCOUNT STOREBE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR PRODUCTS, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM SUNSHINE DISCOUNT VITAMINS, OR FROM EVENTS BEYOND THE SUNSHINE DISCOUNT VITAMINS’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, 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 SUNSHINE DISCOUNT VITAMINS’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) 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, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE SUNSHINE VITAMIN DISCOUNT STOREARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR PRODUCTS EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS OR EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO THE SUNSHINE VITAMIN DISCOUNT STORE IN CONNECTION WITH THE SERVICES IN THE PRECEDING TWELVE (12) MONTH PERIOD. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THRIVE MARKEY’S SOLE LIABILITY AND OBLIGATION, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE SUNSHINE VITAMIN DISCOUNT STORE FROM AND AGAINST, AND COVENANT NOT TO SUE, FOR ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE SERVICES, AND THE PRODUCTS.
THE LIMITATIONS SET FORTH IN THIS SECTION 21 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
Section 18 – Indemnification
You agree to indemnify and hold Sunshine Discount Vitamins, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your illegal use of the Services (including any actions taken by a third party using your account), (b) your violation of these Terms of Service, (c) your posting of any defamatory or infringing content on the Site or App, and (d) your violation of any third party rights in connection with your use of the Service, the Site and the App. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Section 19 – Assignment
Section 20 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
Account termination may result in the destruction of any content associated with your account, so keep that in mind before you decide to terminate your use of the Services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 21 – Dispute resolution and Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH THE SUNSHINE VITAMIN DISCOUNT STORE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 1 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and The Sunshine Vitamin Discount Store agree (a) to waive your and Sunshine Discount Vitamins’ respective rights to have any and all Disputes arising from or related to these Terms, or the Site, and the Apps, Content or Products, resolved in a court, and (b) to waive your and Sunshine Discount Vitamins’ respective rights to a jury trial. Instead, you and The Sunshine Vitamin Discount Store agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
No Class Arbitrations, Class Actions or Representative Actions: You and The Sunshine Vitamin Discount Store agree that any Dispute arising out of or related to these Terms, the Sites, Content, the Service or products sold on the Site is personal to you and The Sunshine Vitamin Discount Store and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and The Sunshine Vitamin Discount Store agree that there will be no class arbitration or arbitration in which an individual attempt to resolve a Dispute as a representative of another individual or group of individuals. Further, you and The Sunshine Vitamin Discount Store agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Notice; Informal Dispute Resolution
You and The Sunshine Vitamin Discount Store agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises so that the parties can attempt in good faith to resolve the Dispute informally. Notice to The Sunshine Vitamin Discount Store shall be sent by certified mail or courier to Sunshine Discount Vitamins, Inc Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your The Sunshine Vitamin Discount Store account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and The Sunshine Vitamin Discount Store cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or The Sunshine Vitamin Discount Store may, as appropriate and in accordance with this Section 19, commence an arbitration proceeding or, to the extent specifically provided for above, file a claim in court.
EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 1 OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND THE SUNSHINE VITAMIN DISCOUNT STOREAGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR THE SUNSHINE VITAMIN DISCOUNT STORE WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND THE SUNSHINE VITAMIN DISCOUNT STORE WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE).
You and The Sunshine Vitamin Discount Store agree that (a) any arbitration will be conducted confidentially in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Broward County, Florida, or the District of Florida.
As limited by the FAA, these Terms and the applicable JAMS Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
If any term, clause or provision of this Section 19 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this Section 19 will remain valid and enforceable. Further, the waivers set forth in Section 19 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
You have the right to opt-out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 19 by writing to Sunshine Discount Vitamins, Inc In order to be effective, the opt-out notice must include your full name and email address and clearly indicate your intent to opt-out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 20.
Section 22 – Choice of Law and Venue
These Terms of Service and your relationship with The Sunshine Vitamin Discount Store are governed by and will be construed under the laws of the State of Florida, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms or to your relationship with The Sunshine Vitamin Discount Store shall be finally settled in Broward County, Florida, in English. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court shall be resolved in the state or federal courts of the State of Florida and the United States, respectively, sitting in the State of Florida, County of Broward. You and The Sunshine Vitamin Discount Store agree that these Terms affect interstate commerce and that the enforceability of this Section 20 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
Section 23 – Petitions
Section 24 – Miscellaneous
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms of Service shall otherwise remain in full force and effect and enforceable. You and The Sunshine Vitamin Discount Store agree that these Terms of Service are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Service, and that all modifications to these Terms of Service must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind The Sunshine Vitamin Discount Store in any respect whatsoever. You and The Sunshine Vitamin Discount Store agree there is no third party beneficiaries intended under these Terms.
Section 25 – Contact Information
Questions about the Terms of Service should be sent to us at:
Sunshine Discount Vitamins
2608 Tamiami Trail North
Naples, FL 34103
Copyright and Trademarks ©
All website design, text, graphics, sound, software and other content, and the selection and arrangement thereof are the property of Sunshine Discount Vitamins or its licensors and are protected by the United States and international copyright law. All rights to such materials are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of this website for the sole purpose of placing an order with Sunshine Discount Vitamins or using this website as a shopping vehicle.
Any other use of materials on this site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of Sunshine Discount Vitamins, is strictly prohibited.
The Sunshine Discount Vitamins Store and all logos, page headers, custom graphics, and icons are service marks and/or trademarks of Sunshine Discount Vitamins or its licensors or affiliates. All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners.
You agree to grant to Sunshine Discount Vitamins a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of this site (such as bulletin boards, forums, chat rooms, and product review testimonials) by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against Sunshine Discount Vitamins for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.