These Terms and Conditions (this "Agreement") govern any membership in the Seacoast Vitamins-Direct Membership Program. Seacoast Vitamins-Direct Membership is a program administered by Seacoast Natural Health, LLC., a Michigan corporation ("we," "us," "our," "ours"). Purchase or use of the program at any time subjects the purchaser or user ("you," "your," "yours," "Members") to the terms and conditions hereof.
The annual membership fee is currently $50. We may change the membership fee at any time, but changes will apply only to new and renewal memberships. The fee is not refundable.
The initial term of Seacoast Vitamins-Direct Membership shall commence on the completion date of your FREE Trial and continue until one year from the day on which the membership was purchased, unless we terminate your Seacoast Vitamins-Direct Membership. The membership fee will be billed to the credit card that is active in your SeacoastVitamins.com account, and at the commencement of each 1 year anniversary unless you cancel your Seacoast Vitamins-Direct Membership or deactivate auto-billing from your account manager at https://www.seacoastvitamins.com/account_cm.php.
You have the right to cancel your Seacoast Vitamins-Direct Membership at any time. No refunds will be available (unless we terminate the Seacoast Vitamins-Direct Membership Program; see Program Termination section below). You can cancel your Seacoast Vitamins-Direct Membership by (i) calling us at 1-800-555-6792 (Members located outside of the U.S. should call 702-508-9054), or (ii) contacting us via e-mail at email@example.com.
We may terminate any or all of the benefits available to you or all Members under the Seacoast Vitamins-Direct Membership Program at any time with or without notice. In the event of our termination of this program or your Seacoast Vitamins-Direct Membership, at our election we will either maintain your Seacoast Vitamins-Direct Membership benefits until expiration of the Member's current membership term or refund each member a pro-rata portion of the membership fee for the remaining portion of your current Seacoast Vitamins-Direct Membership term.
As a Member, the information we capture will be subject to the SeacoastVitamins.com Privacy and Security policy as amended from time to time in accordance with its terms. You may view the current version of the SeacoastVitamins.com Privacy and Security policy at https://Seacoast.com/privacy.php.
USE OF SEACOAST VITAMINS-DIRECT MEMBERSHIP IS AT YOUR SOLE RISK. THE SEACOAST VITAMINS-DIRECT MEMBERSHIP BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SEACOASTVITAMINS.COM, INC, AND ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY "PROVIDER") EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER MAKES NO WARRANTY THAT (i) SEACOAST VITAMINS-DIRECT MEMBERSHIP WILL MEET YOUR REQUIREMENTS, (ii) SEACOAST VITAMINS-DIRECT MEMBERSHIP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF SEACOAST VITAMINS-DIRECT MEMBERSHIP WILL MEET YOUR EXPECTATIONS. PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE SEACOAST VITAMINS-DIRECT MEMBERSHIP OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF SEACOAST VITAMINS-DIRECT MEMBERSHIP; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SEACOAST VITAMINS-DIRECT MEMBERSHIP DATA; OR (iv) ANY OTHER MATTER RELATING TO SEACOAST VITAMINS-DIRECT MEMBERSHIP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.
This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without regard to conflict of law principles.
Any controversy or claim arising out of or relating to this Agreement (including any breach thereof) or the Seacoast Vitamins-Direct Membership Program shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Seacoast Natural Health, LLC. from seeking any injunctive relief in State or Federal courts for protection of their respective intellectual property rights (including such rights of their respective licensors).
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