Terms of Use

Welcome to Vitoria Biosciences!

 

We provide access to the omapure.com website, “the Site”, and sell our products to you subject to the conditions set out on this page.

Please read these conditions carefully before using the Site as by using the Site, you agree to be bound by these conditions. If you do not agree to these terms and conditions, do not use the Site.

For purposes of this agreement, “Service” refers to the Vitoria Biosciences‘ services accessed via the Site and “Products” refers to the supplements sold by Vitoria Biosciences. The terms “we,” “us,” and “our” refer to Vitoria Biosciences. “You” refers to you, as a user of our Site or our Service.

Please be advised these Terms affect your legal rights. These Terms contain an arbitration contract that requires the use of arbitration to resolve disputes rather than jury trials or any other court proceedings, or class actions of any kind. The arbitration agreement is set forth in the “Claim Resolution” section below.

Your Account

When you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should tell us immediately if you have any reason to believe that your password could have become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.

Please ensure that the details you provide us with are correct and complete and let us know immediately of any changes to the information that you provided when registering.

Vitoria Biosciences reserves the right to refuse access to the Site, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

Privacy

Vitoria Biosciences respects the privacy of its Service users. Please refer to our Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you agree to our Privacy Policy as well as these Terms of Use.

Content

We have taken reasonable care in the preparation of the content of this site. However, to the extent permitted by applicable law, Vitoria Biosciences disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this site.

Vitoria Biosciences shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site.

Links

As a service to our visitors, our Site may contain hypertext links leading to other websites that are not operated or controlled by Vitoria Biosciences. However, even if such third parties are affiliated with Vitoria Biosciences, Vitoria Biosciences has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Vitoria Biosciences. Vitoria Biosciences is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third-party sites is entirely at your own risk. 

License for Site access

Vitoria Biosciences grants you a limited license to access and make personal use of this Site, but not to download, other than page caching, or modify it, or any portion of it, except with express written consent from us. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information, including images, text, page layout, or form, of Vitoria Biosciences or OMAPURE without express written consent. You may not use any metatags or any other 'hidden text' utilizing our or our affiliates' names or trademarks without the express written consent of Vitoria Biosciences. Any unauthorized use terminates the permission or license granted by Vitoria Biosciences.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page at omapure.com as long as the link does not portray Vitoria Biosciences, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Vitoria Biosciences logo or other proprietary graphic or trademark, including those of Vitoria Biosciences’ exclusive brands, such as Omapure.com, as part of the link without our express written consent.

Vitoria Biosciences grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis.

Your conduct

You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You must not use the Site for any of the following:

  1. for fraudulent purposes, or in connection with a criminal offense or other unlawful activity;

  2. to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of, or contains, software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any 'spam' to cause annoyance, inconvenience or needless anxiety.

  3. to violate or attempt to violate any security features of the Site, including without limitation,

  4. accessing content or data not intended for you

  5. attempting to probe, scan, or test the vulnerability of the Website, or any associated system

  6. Interfering or attempting to interfere with service to any user, host, or network, including without limitation, by means of submitting a virus, overloading, spamming, or crashing

  7. using the Site to send unsolicited email, including without limitation, promotions or advertisements

  8. attempting to modify, reverse-engineer, decomplie, disassemble or otherwise reduce or attempt to reduce any of the source code in the Site

Copyright and database rights

All content included on the Site, such as photographs, text, graphics, logos, button icons, images, and software, is the property of Vitoria Biosciences or its subsidiaries, its affiliates or its content suppliers and is protected by United States and international copyright and database right laws. The compilation of all content on this Site is the exclusive property of Vitoria Biosciences and its affiliates and is protected by United States and international copyright and database right laws. All software used on this Site is the property of Vitoria Biosciences or our software suppliers and is protected by United States and international copyright laws.

You may not systematically extract and/or re-utilize parts of the contents of the Site without our written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract, either once or a number of times, for re-utilization any substantial parts of this Site, without Vitoria Biosciences’ express written consent. You also may not create and/or publish your own database that features substantial parts of this Site without our express written consent.

As a visitor to our Site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without the Company's prior written consent is strictly prohibited.

Copyright complaints

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you, or your agent, may send to Vitoria Biosciences a written notice by mail or e-mail, requesting that Vitoria Biosciences remove such material or block access to it.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Vitoria Biosciences a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details.

Intellectual Property

You acknowledge and agree that Vitoria Biosciences and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

Your Orders

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized and the order information is verified for accuracy.

Some situations that may result in your order being canceled include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; product or ingredient restrictions mandated by local, state, national or international regulations; or problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

All prices are displayed in US Dollars unless expressly indicated otherwise. Prices may change at any time without notice.

Vitoria Biosciences warrants that any products purchased on the Site will be free from defects in materials or workmanship upon delivery. In the event of a defect, as your sole remedy and Vitoria Biosciences’ sole obligation, Vitoria Biosciences will repair or replace a defective product free of charge, subject to and in accordance with the terms of our Money Back Guarantee.

Vitoria Biosciences reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied.

Vitoria Biosciences prohibits the resale of its products on online marketplaces, including without limitation Amazon and Walmart. Vitoria Biosciences also reserves the right to prohibit sales to resellers.


Pricing and product availability

We work hard to provide accurate product and pricing information. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Vitoria Biosciences shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.



Discount Vouchers

Discount vouchers can be used towards goods of a higher price than the value of the Discount voucher on payment of the excess by credit/debit card. Discount Vouchers can be redeemed at https://omapure.com on any purchase agreed in the specific terms and conditions of that sale.

Discount Vouchers are subject to the following terms and conditions

  1. Discount Vouchers are not assignable or transferable.

  2. Only one Discount voucher code can be used per person unless otherwise specified.

  3. Only one Discount Voucher can be redeemed against a purchase in any one transaction unless otherwise specified.

  4. Discount Vouchers cannot be used in conjunction with Promotional and Gift Vouchers, existing offers or loyalty points unless otherwise specified.

  5. Discount Vouchers are non-returnable.

  6. A Discount Voucher code cannot be claimed on transactions that have already been processed by the Company.

  7. Vitoria Biosciences reserves the right to immediately suspend proceedings with a purchase if it believes the customer is in breach of any of these terms and conditions.

Vitoria Biosciences reserves the right to amend the terms and conditions of the Discount Voucher codes at any time and to take any action it deems reasonably necessary which may include canceling the Discount Voucher.


Rules for Sweepstakes, Contests, Challenges, Activities, Surveys, and Similar Promotions

Any sweepstakes, contests, challenges, activities, surveys, or similar promotions made available through the Site may be governed by specific rules that are separate from these Terms of Use. By participating in any such sweepstake, contest, challenge, activity, survey, or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Vitoria Biosciences urges you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such activities.

Delivery

Delivery times quoted are estimates only, and Vitoria Biosciences shall not be liable for any delays caused except to the extent caused wilfully or negligently by us.


Duties and taxes

All prices indicated on this Site do not reflect any or all of the international duties, taxes, or other customs charges that the package may encounter when it arrives in its final destination. Please contact the customs agency officials to find out of all applicable taxes and duties, if any. Those charges vary greatly from country to country and will not be covered by Vitoria Biosciences.

When ordering goods from Vitoria Biosciences, for delivery overseas the recipient may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges must be borne by the recipient; we have no control over these charges and cannot predict what they may be.

Additionally, please note that when ordering from Vitoria Biosciences, the recipient is considered the importer of record and must comply with all laws and regulations of the country in which the goods are received. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

Minors and Children

The Site may not be suitable for minors. Minors and children, persons under the age of 18, are encouraged not to use the Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using the Site unsupervised, and/or by registering for an account, you warrant that you are 18 years of age or older. 

Electronic communications

When you visit https://omapure.com or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the Site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing.


Warranty Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL USE OF THE SITE, ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES HEREIN CONTAINED OR PROVIDED AT OR OBTAINED FROM THE SITE, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED OR PROVIDED AT THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VITORIA BIOSCIENCES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, DATA, PRODUCTS OR SERVICES ON THE SITE OR THE UNINTERRUPTED ACCESS PROVIDED TO OR IN CONNECTION WITH THE SITE.

FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON THE SITE IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, SUITABILITY OR AUTHENTICITY. YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE AS TO THE TRUTH, ACCURACY, COMPLETENESS, AND CONTINUING VALIDITY OF ANY INFORMATION SET FORTH IN OR REFERENCED AT THE SITE. LIKEWISE, VITORIA BIOSCIENCES DOES NOT WARRANT THE ACCURACY OF ANY THIRD PARTY CONTENT CONTAINED WITHIN OR REFERRED TO AT THE SITE, INCLUDING ANY LINKS TO THIRD PARTY SITES. VITORIA BIOSCIENCES IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.

THIS DISCLAIMER OF WARRANTIES AND LIABILITIES APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS OR SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

WE FURTHER MAKE NO GUARANTEE OR WARRANTY AS TO THE PARTICULAR HEALTH AND WELLNESS GOALS TO BE ACHIEVED OR THE RESULTS, BENEFITS OR OUTCOMES THAT MAY BE OBTAINED THROUGH USE OF ANY PRODUCTS.

THE PRODUCTS, INFORMATION, SERVICES AND OTHER CONTENT PROVIDED ON AND THROUGH THIS SITE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY TO FACILITATE DISCUSSIONS WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL.

YOU SHOULD NOT USE THE INFORMATION OR SERVICES ON THIS SITE OR PURCHASE THE PRODUCTS FOR DIAGNOSIS OR TREATMENT OF ANY HEALTH ISSUE OR FOR PRESCRIPTION OF ANY MEDICATION OR OTHER TREATMENT. YOU SHOULD ALWAYS SPEAK WITH YOUR HEALTHCARE PROFESSIONAL, AND CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURER OF A PRODUCT AND ON OR IN ANY PRODUCT LABEL OR PACKAGING, BEFORE USING ANY MEDICATION OR NUTRITIONAL, HERBAL OR HOMEOPATHIC PRODUCT, BEFORE STARTING ANY DIET OR EXERCISE PROGRAM OR BEFORE ADOPTING ANY TREATMENT FOR A HEALTH PROBLEM. EACH PERSON IS DIFFERENT, AND THE WAY YOU REACT TO A PARTICULAR PRODUCT MAY BE SIGNIFICANTLY DIFFERENT FROM THE WAY OTHER PEOPLE REACT TO SUCH PRODUCT. YOU SHOULD ALSO CONSULT YOUR PHYSICIAN OR HEALTHCARE PROFESSIONAL REGARDING ANY INTERACTIONS BETWEEN ANY MEDICATION YOU'RE CURRENTLY TAKING AND NUTRITIONAL SUPPLEMENTS.

YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. YOU SHOULD CONSULT WITH YOUR PHYSICIAN AS TO THE IMPACT OF VITORIA BIOSCIENCES’ PRODUCTS ON YOUR HEALTH.

THE INFORMATION AND PRODUCTS ON THIS SITE MAY CONTAIN STATEMENTS THAT HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION. THESE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.


Limitation of Liability

VITORIA BIOSCIENCES OR ANY OF ITS OWNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, PROVIDERS, THIRD PARTY PARTNERS OR AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY LINKED SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VITORIA BIOSCIENCES AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, IN THE EVENT THAT ANY OF THE ABOVE LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, VITORIA BIOSCIENCES’ CUMULATIVE, AGGREGATE AND MAXIMUM LIABILITY FOR ANY CLAIMS SHALL NOT EXCEED $100.

Indemnity

You agree to indemnify, defend and hold harmless, to the fullest extent permitted by law, Vitoria Biosciences, or any of its owners, members, officers, directors, employees, agents, suppliers, licensors, providers, third party partners or affiliates from and against any liability, losses, rights, expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement, and expenses, including legal fees, arising out of your use, unlawful use, or misuse of the Site or Services. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not settle any matter without our written consent. This section survives termination of these terms.

Events beyond our reasonable control

Vitoria Biosciences shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightning, or extreme heat or cold, explosion, war, disorder, flood, industrial disputes, whether or not involving our employees, acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.


Modification of Terms of Service

Vitoria Biosciences in its sole discretion, can amend, add or remove portions of these Terms of Use at any time and without notice to you. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use.


Governing law and jurisdiction

These Terms of Service shall be governed by, and will be construed under, the laws of the State of California, USA. Those who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable, including without limitation, all applicable laws, rules and regulations regarding the transmission of data exported from the United States or the country in which you reside (if different from the United States).

BY AGREEING TO THESE TERMS YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST VITORIA BIOSCIENCES BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.


Dispute Resolution

You and Vitoria Biosciences agree that in the event of any claim, dispute or controversy (whether in contract, tort or otherwise) arising out of, relating to or connected in any way with your use of any of the Site or Products or the breach, enforcement, interpretation or validity of these Terms (each, a “Claim”), the Claim will be resolved exclusively by final and binding arbitration, except as otherwise provided in these Terms. Arbitration is subject to limited review by courts but arbitrators can award the same damages and relief that a court can award. YOU AND VITORIA BIOSCIENCES ARE EACH WAIVING THE RIGHT TO A JURY TRIAL. Notwithstanding the foregoing, each of the parties may bring an action in court to enjoin infringement or other misuse of a party’s intellectual property.

You and Vitoria Biosciences agree to use good faith efforts to resolve any Claims within thirty (30) days following written notice by either party that a Claim has arisen. If the parties cannot resolve the Claim within such a time period, then the Claim shall be determined by a single arbitrator through Judicial Arbitration Mediation Services ("JAMS"), in the State of California, in the County of Los Angeles (the “Venue”). Alternatively, if it is determined or these Terms provide that a Claim should not proceed through arbitration, each of you and Vitoria Biosciences agree that the Claim will be resolved exclusively in federal court in the Venue and waive any objections as to personal jurisdiction in the Venue. The then-current JAMS Comprehensive Arbitration Rules and Procedures shall apply. All fees charged by JAMS shall be split equally by you and Vitoria Biosciences, but each party shall be responsible for its own attorneys’ fees. If the Claim is $10,000 or less, you may choose to have the arbitration conducted solely on the basis of the documents submitted to the arbitrator.

You and Vitoria Biosciences agree that all Claims will be governed by the laws of the State of California, without regard to conflict of laws principles and the Federal Arbitration Act (FAA). Any Claims must be raised within one (1) year after the event which gives rise to the Claim and may only be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You agree that, to the extent permitted by law: (a) any and all Claims will be resolved individually in the Venue designated above, without resort to any form of class action; and (b) any judgments and awards will be limited to actual third-party, out-of-pocket costs incurred, but in no event will attorneys’ fees be awarded or recoverable.



General Terms & Severability

The Terms and the Privacy Policy constitute the entire agreement between you and Vitoria Biosciences and govern your use of the Site, superseding any prior proposal, agreement, negotiation, offer, counteroffer, acceptance, understanding, or any contrary terms between you and Vitoria Biosciences. You also may be subject to additional terms and conditions that are applicable to certain services on the Site. The Terms and the Privacy Policy do not alter the terms and conditions of any other written or online agreement between you and Vitoria Biosciences. The failure of Vitoria Biosciences to exercise or enforce any right or provision of the Terms or this Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Terms of Use shall be found by a court of competent jurisdiction or otherwise deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Use and shall not affect the validity of the remaining Terms. You may not assign the Terms or any of your rights or obligations under the Terms without Vitoria Biosciences’ express written consent. The Terms inure to the benefit of Vitoria Biosciences’ successors, assigns and licensees.



Termination

The Terms of Use shall remain effective until terminated as outlined herein. You agree that Vitoria Biosciences in its sole discretion may terminate your password, account, or any part thereof, or use of the Site, and remove and discard any content within the Site, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you and Vitoria Biosciences will not be liable to you or any third party for any termination of your access and/or use of this Site.


Our details

Vitoria Biosciences is a limited liability company registered in California, USA. You can contact us at https://omapure.com/contactus or support@vitoriabio.com or call us at 877-662-9872.

Alternatively you can write us at 1223 Wilshire Blvd, #330, Santa Monica, CA 90403.

Effective as of Feb 2, 2024