Last updated: 6/28/2022
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE PARTICIPATING IN THE VITAL PROTEINS REWARDS PROGRAM.
The Vital Proteins Rewards Program (“Program”) is brought to you by Vital Proteins LLC (“Vital Proteins LLC,” “us,” “we,” or “our”), and benefits shall be considered void where prohibited by law. By participating in the Program, you also consent to the Program terms and conditions set out below (the “Terms of Service”) and Vital Proteins LLC’s Terms and Conditions available at https://www.vitalproteins.com/pages/terms-conditions, which are incorporated herein by reference. Taxes may apply where required by law. Vital Proteins LLC assumes no liability for any user's participation that contravenes the laws or regulations of his or her place of residence. Participation is subject to present and future program rules. Participation is valid only on vitalproteins.com and program rewards (“Points”) may only be earned and redeemed on vitalproteins.com (“Website”).
Important: These Terms of Service contain a mandatory arbitration agreement. Please review these provisions carefully as they will require you to resolve all disputes with Vital Proteins LLC on an individual basis through final and binding arbitration and to forego jury trials, class actions, and all other types of consolidated, collective, or representative proceedings. Unless you opt out of these provisions following the opt-out procedures set forth below, you will be bound. By participating in the Program, you acknowledge that you understand and expressly agree to the mandatory arbitration agreement.
- Dispute Resolution
Mandatory Binding Arbitration
By agreeing to these Terms of Service, you agree that you are required to resolve any dispute, claim, or controversy arising out of or relating to any part of these Terms of Service, or the existence, breach, termination, enforcement, interpretation or validity thereof, or your participation in the Program (collectively, “Disputes”) will be resolved by binding arbitration and not in a court of law in any jurisdiction.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms of Service are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. The Arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
Notwithstanding this Section 1, you and Vital Proteins LLC each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyright rights, trademark, trade secrets, patents or other intellectual property rights.
Rules & Governing Law
For information about the rules and laws applicable to all Disputes, including the procedure for initiating arbitration, the arbitration process, and the payment of fees, please refer to the procedures set forth in Vital Proteins LLC’s .
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California. For any Dispute not subject to arbitration as required by this Section, you agree that jurisdiction over the Dispute and venue in any legal proceeding shall be in the state or federal courts located in San Francisco, California.
Opt-Out Procedures
You can choose to reject this Arbitration Agreement by mailing or hand-delivering to Vital Proteins LLC a written opt-out notice (“Opt-Out Notice”) to Vital Proteins LLC, c/o Legal Department, 3400 Wolf Road, Franklin Park, Illinois 60131. The Opt-Out Notice must be postmarked no later than 30 days after the date you first accept these Terms of Service. To be effective, your Opt-Out Notice must contain your name, address, and signature. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, all other parts of these Terms of Service will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.
Changes to Arbitration Agreement
Notwithstanding the provisions of
