Vitara Health

Terms of Use

Last Updated: Sun Apr 20, 2025

Terms of Use

Introduction

Vitara (“Vitara”, “we”, “us”) owns and operates the website(s) located at https://www.vitarahealth.com, that we (or our affiliates) may make available to you now or in the future (collectively, the “Site”). We are an online platform that connects patients to healthcare professionals licensed in all 50 states and Washington, D.C. as well as with one or more licensed pharmacies throughout the United States to fulfill medications prescribed. Vitara works with licensed healthcare providers that include physicians and others. However, we are not a medical group or practice, or pharmacy, but rather we link you with healthcare professionals who may prescribe medications, and we will then arrange for shipping of medications you order.

By accessing our easy online process Vitara can connect you with licensed medical providers who can perform a brief health assessment to determine if there are any contraindications to medications you wish. However, this health assessment is based upon what you tell the medical provider, and if you do not reveal something, the medical provider will not be able to take information s/he is unaware of into account. Additionally, the medical providers are not your primary care physicians, and are not responsible in any way for your care. Their only role is a very limited one: determining if, based upon what you relay in your health assessment, if a medication that you wish is indicated, contraindicated or otherwise should not be prescribed for you. Neither Vitara nor the providers are responsible for the contents of the medications prescribed. Both the prescription and non-prescription medications are supplied by duly licensed pharmacies that are solely responsible for its contents.

Vitara offers the Site, including all information and content therewith (collectively, the “Content”), products available for purchase (the “Products”) and various services (the “Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated or referenced herein (the “Terms of Service”) and compliance with all applicable laws and regulations. Your use of certain features or components of our Site, access to certain Services or your ability to purchase Products may be limited to those users that have registered an account with us.

This document contains important information regarding your right and obligations, as well as conditions, limitations, and exclusions that might apply to you. These Terms of Use govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Vitara. Please read these Terms of Service carefully before accessing or using our Site. By registering for and/or accessing and using the Site or Services, you agree to be bound by these Terms of Service and all other terms and policies that appear on the Site or Services. You may not access or use the services or accept these terms of service if you are not at least the age of majority in your jurisdiction of residence. If you do not agree with all of the provisions of these terms of service, do not access and/or use the services. By accessing or using the services, you agree that you have read and understood, and, as a condition to your use of the services, you agree to be bound by, these terms and conditions, and Vitara’s privacy policy (together, these “terms”). if you are not eligible, or do not agree to the terms, then you do not have our permission to use the services. Your use of the services, and Vitara’s provision of the services to you, constitutes an agreement by Vitara and by you to be bound by these terms.

Any new features, tools or services which are added to the current Site shall also be subject to these 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 Site. Any such changes will be effective as of the date of posting. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site (including the Content) or purchase of any Services or Products following the posting of any changes constitutes your acceptance of those changes. Your exclusive remedy for any disagreements or issues with the Terms of Service is to immediately discontinue your use of the Site (including the Content, Services and Products).

Services

We offer certain products, services and content to you through our Site. Do not access this Site for emergencies. If you are experiencing a medical emergency, you should dial 911 immediately.

In particular, you may use this Site to: (a) access non-prescription drugs, (b) access prescription fulfillment services for certain prescription drugs and (c) access a health assessment limited to your eligibility for the medications desired, based on telemedicine services. Our services are available only to individuals who are at least the age of majority in their jurisdiction of residence.

How It Works

This is how the process works. If you are ordering a non-prescription product, you may simply click on it and order the product in the quantity that you desire. To begin the process for a prescription treatment, you must complete an online questionnaire that will be provided to a healthcare provider about your symptoms and medical history. Then, the licensed provider will review and assess your responses on the questionnaire and determine the appropriate treatment option for you. For states that require a video or audio visit, you will be offered available times and dates to schedule your online visit. For states that do not, a provider will send your treatment recommendation electronically and then if you wish you can follow-up by selecting and purchasing the proposed treatment from the Site.

Medications are prescribed based on what your provider determines is medically appropriate for you. This may include prescribing generic drug products, and/or compounded products if appropriate and necessary. Compounded drug products are not approved nor evaluated for safety, efficacy, or quality by FDA. IF ANY PRODUCTS YOU ORDER ARE NOT APPROVED BY THE FDA, OR NOT APPROVED BY THE FDA FOR YOUR INDICATION, YOU AGREE THAT YOU ARE TAKING THEM AT YOUR OWN RISK.

Pharmacy Services

Certain Products require a valid prescription by a licensed healthcare provider. Vitara is not a pharmacy. By accepting these Terms of Service, you also acknowledge and accept that Vitara is not a prescription fulfillment warehouse. When you use these Services, you understand that we are simply connecting you to a pharmacy appropriately licensed in your jurisdiction. Vitara does not recommend or endorse any specific prescription drug or pharmacy that may be mentioned in relation to the Services. Vitara makes no representations or warranties about the suitability, reliability, or timeliness of the pharmacies or the prescription products and is not responsible for any of the services provided by the pharmacies.

Some prescriptions can be filled through one of the pharmacies available through the Vitara by using the Site. Prescriptions fulfilled by pharmacies through the Site may not use child-resistant packaging and may not be dispensed in child-resistant containers. DO NOT LEAVE MEDS AROUND CHILDREN.

However, some prescriptions may not be available through the Site and may need to be filled by a pharmacy of your choice, including prescriptions used for many common primary care conditions. If you fill a prescription with a pharmacy other than one of the pharmacies available through the Site, we will send the prescription to your selected pharmacy, but you will be responsible for picking up or otherwise obtaining the prescription product and paying the pharmacy directly for the cost of the prescription product.

Vitara provides access to prescription fulfillment services offered by the following pharmacies:

Chemistry Rx
950 Henderson Blvd., Folcroft, PA 19032
Email: info@chemistryrx.com
Phone: +1 (866) 927-1292
Fax: (267) 861-0862

Health Care Services

Vitara does not engage in the practice of medicine and does not provide any healthcare services; however, we may make certain Services for telehealth and telemedicine available to you by connecting you with third-party medical providers. By using these Services, you understand and agree that you are not establishing a physician/patient relationship, or any other similar provider-patient relationship, with us by using the Service. These healthcare professionals (each, a “Provider” and collectively, the “Providers”) are contractually affiliated with Vitara, but Vitara is not responsible for the Providers or any medical care or assessment provided. You understand that telehealth and telemedicine services may not substitute in-person care in all cases. If you have any question as to whether it may be appropriate to see a physician in person before receiving a medication, you should see your primary care provider. Likewise, IF YOU HAVE ANY SIDE EFFECTS FROM ANY MEDICATIONS RECEIVED THROUGH VITARA, YOU SHOULD PROMPTLY CONTACT YOUR PRIMARY CARE PROVIDER.

You will be required to provide informed consent in order to use telehealth services. Moreover, by using telehealth/telemedicine services, you acknowledge the potential risks associated with such services. These include, but are not limited to, the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; unless you provide them, the Provider will not have access to other of your medical records and a lack of access to your medical records may result in adverse drug reactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy to your health information.

Through the Site, the Providers may offer you medical advice and/or prescribe medication. You understand and agree that the Providers are solely responsible for the medical care and treatment that they provide to you. Any advice or services you receive from such Provider may be subject to additional terms between you and such Provider. Vitara is not responsible for the acts, omissions or for any content of the communications made by any Provider affiliated with the Site. In certain cases, a Provider may determine that your treatment requires an in-person visit with a healthcare provider or healthcare services that are not offered by the Providers. If this is the case, you will be notified and you will not be able to use the Services for further treatment for that particular medical issue.

If you wish to be connected with a Provider through the Site, you understand and agree that you are providing your personal health information to, and receiving advice and prescriptions from such Provider, and not Vitara. Please review our policy for more information about our practices regarding your personal data. The Providers may be governed by federal or applicable State privacy rules that may not be applicable to Vitara. The Providers may provide a separate notice to you that describes how they may use and disclose your personal health information. You understand that the Providers’ notice applies solely to the Providers, and not to Vitara.

By accepting these Terms of Service, you acknowledge and agree that the Providers may send you electronic messages through the Site containing results, reports, instructions, and/or advice related to your diagnosis and/or treatment. You further understand that the Providers may contact you via email or text with such information. You are responsible for checking and responding to these messages. You may not hold Vitara or any Provider liable for any injury, loss, or claims resulting from your failure to read or respond to these messages or comply with the advice or instructions contained in a message from a Provider. Vitara DOES NOT PROVIDE MEDICAL ADVICE and makes no representations or warranties about the accuracy, suitability, reliability or timeliness of the diagnosis and/or treatment provided by the providers.

Products

We offer certain Products, including prescription products, and non-prescription products such as over-the-counter medications, vitamins, dietary supplements, and wellness products for purchase on the Site. The Products displayed on the Site can be ordered and delivered only within the U.S. Any reference on the Site to any Products or other information by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply our endorsement, sponsorship or recommendation of such Product. All Products are non-refundable.

You understand and agree that all Products (and any associated information) should be used strictly in accordance with their instructions, precautions and guidelines and in accordance with applicable laws in your jurisdiction (including but not limited to copyright laws). Unless expressly provided by the manufacturer, the statements made about the Products by their manufacturers have not been evaluated by any government agency and the results reported, if any, may not necessarily occur in all individuals.

You should always check the listing of ingredients for the Products to avoid allergic reactions. A minor should not use any Product on the Site. Use of the Content related to a Product is not meant to serve as a substitute for professional medical advice. Please consult with your Provider, your own physician or another healthcare practitioner regarding the use of any Product before using them. Your Provider, physician or other healthcare practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. We do not give or intend to give any answers to medical-related questions and the Site does not replace any medical professional or medical resource. We do not represent ourselves as a physician nor is this implied.

The Products available on the Site are for your personal use only. You understand that the prices for our Products may change without notice.

Patients residing in New York, New Jersey, and Rhode Island have the right under their respective state patient billing laws to request an itemized price list from Vitara for their laboratory tests.

Informational Content

The information presented on or through the Site is made available solely to be used for personal, educational or informational purposes. We use reasonable efforts to update the information on the Site. However, the contents of the Site are subject to change without notice. We make no representations or warranties as to the accuracy, reliability, completeness, or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

The Site may include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

This Site may contain links to other Internet sites that our business partners and other third parties own or operate. Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. We have no control over third-party sites, and we are not responsible for any changes to or content on them. Our inclusion of any content is not an endorsement of that material or link or the companies that own or operate the material or linked sites. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk

Please contact us at concierge@vitarahealth.com if you have questions about the information presented on the Site.

YOUR OBLIGATIONS, REPRESENTATIONS, AND WARRANTIES

In addition to any other obligations set forth in these Terms of Service, you understand and agree that you are solely responsible for maintaining the security of your account and are responsible for all activities that occur under your username and any other actions taken in connection with your account. You agree to immediately notify us in writing of any unauthorized use of this Site or any other breaches of security. You acknowledge and agree that we will not be liable for any acts or omissions by you, including any loss or damage of any kind incurred as a result of such acts or omissions.

You are solely responsible for providing and maintaining at your own expense, appropriate technological capabilities to use the Site, and access the Services or purchase products. You shall submit only truthful, complete, and accurate information through the Site. We reserve the right to change the access configuration, including any software, hardware or other requirements at any time and without prior notice.

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 Site 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; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site (and any Service) for violating any of the prohibited uses.

BILLING

You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You will be responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees due with respect to your purchase of products or services. You also agree to pay for the shipping and handling charges, if any, shown at the time you make a purchase.

Some of our products and/or services may be available on a subscription basis. [By enrolling in subscription services, you agree to pay for a minimum of three consecutive months of service. For these products and services, your payment account will be automatically charged as described for that product or service. You may cancel a subscription thirty days before the next monthly processing date of your subscription (after your initial commitment has concluded) by contacting Vitara with your cancellation request.

Vitara is not enrolled with or otherwise acting as a participating provider in any federal or state healthcare programs (i.e., Medicare, Medicaid) or in any other health plan or third-party payor program. Likewise, none of the Providers contracted with Vitara for the Site are enrolled in such programs and no services or products they provide to you through the Site are “covered services” under such programs. By agreeing to use the Site, you acknowledge and agree that you have the financial responsibility for all services and products provided to you.

We reserve the right to refuse any order you place with us or limit or cancel quantities in our sole discretion. If we make a change to or cancel an order, we may attempt to notify you by contacting you through your account or by using the contact information you 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.

TERMINATION

Vitara may terminate your access to the Site or any of the services at any time and for any reason, including, without limitation, your breach of any of the Terms of Service. Upon termination, your access to the Site and the terminated services will immediately cease but you will remain liable for all amounts due up to and including the date of termination (including amounts due for Products purchased prior to such termination). The disclaimers, limitations of liabilities, releases and waivers set forth in these Terms of Service shall survive any such termination.

You may also terminate these Terms of Service at any time by notifying us that you no longer wish to use the Site, or our Services, but if you use the Site or the Services, you are agreeing to these terms and conditions.

DISCLAIMER OF WARRANTIES

Your use of the Site, its content, and any services obtained through the Site is at your own risk. The Site, its content, and any advice or services obtained through the Site are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, statutory or otherwise, including, without limitation, warranties of title or implied warranties of merchantability, title/non-infringement, quality of information, quiet enjoyment, or fitness for a particular purpose. Vitara disclaims all warranties and conditions of any kind, either express or implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, durability, title, or non-infringement. Vitara does not warrant or guarantee that the content, products, services or the site are or will be accurate, complete, reliable, current or error-free, or that this site, or any other software, technology or servers used in the delivery of the site (and its content), the services are free of any viruses or other harmful components.

You further agree that you will be wholly responsible for your use of the foregoing and any loss of data, damages to your computer system or mobile device, or any other harm that may result from such use. further, you understand that the content and other information available to you and the technology used to formulate and deliver such content and information, may contain errors, bugs, problems or other limitations, and that your use of such information and content is at your own risk and should not rely upon it without verification.

Limitation of Liability

Vitara, including its officers, directors, employees, agents or representatives, (collectively, the “Vitara Parties”) will not be liable for any damages of any kind arising out of or in connection with the use of the site, the content, or any of the services or products. to the fullest extent permitted by law, the Vitara Parties shall not have any liability, on any legal basis whatsoever, to you or any third person for any indirect, special, exemplary, incidental or consequential damages, including damages for loss of profits, use, data or other intangibles, arising out of or relating to your use of the site, content, products and services, even if the Vitara Parties were advised of or was aware of the possibility of such damages. Some jurisdictions do not allow certain limitations or exclusions of damages, so some of the foregoing disclaimers and limitations may not apply to you.

To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum liability of the Vitara Parties to you with respect to your use of this site is $500 (Five Hundred Dollars). you hereby agree to waive, to the fullest extent permitted by law, all laws that limit the efficacy of such limitations of liability. You agree to be responsible for our and your legal fees if you breach this Limitation of Liability section.

Limitations Period

Any claim related to these Terms of Use, or the Site may not be brought unless made within the one-year period beginning on the date when the claim first could be filed. If it is not filed within such time, then that claim is permanently barred.

Indemnification

You agree to defend, indemnify, and hold harmless Vitara Parties and its successors and assigns and all of their respective officers, directors, agents, employees, and the site pharmacies and site providers from and against any claims, liabilities, damages, judgments, awards, losses, obligations, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your use of the Site and any information obtained from the Site; (ii) your breach of this Agreement, including, but not limited to, any use of the Site’s content or services other than as expressly authorized in these Terms of Use; (iii) your violation of any third party right, including, without limitation, any copyright, property right, or privacy right; or (iv) any claim that content provided by you caused damage or loss to a third party. This defense and indemnification obligation will survive your use of the Site and any termination of this Agreement.

Dispute Resolution and Arbitration

Generally. In the interest of resolving disputes between you and Vitara in the most expedient and cost-effective manner, you and Vitara agree that every dispute arising in connection with these terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these terms. You understand and agree that, by entering into these terms, you and Vitara are each waiving the right to a trial by jury or to participate in a class action.

Arbitrator. Any arbitration between you and Vitara will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its consumer arbitration rules – expedited (collectively, “AAA Rules”) as modified by these terms. The arbitration will be before a single arbitrator. The AAA rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Vitara. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Vitara’s address for Notice is: 160 7th Ave South, New York, NY 10014. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Vitara may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing.

Arbitration. Any arbitration hearing will take place at a location in New York State determined by Vitara, but if the claim is for US$10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non- appearance based telephone hearing; or (c) by an in-person hearing in New York State. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Vitara for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. No punitive damages may be awarded.

No Class Actions. You and Vitara agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and Vitara agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Enforceability. If this Section is found to be unenforceable, in that case, the exclusive jurisdiction and venue described herein will govern any action arising out of or related to these terms.

Governing Law

These Terms of Use and all matters arising from them are governed by and construed in accordance with the laws of the State of New York, exclusive of its choice of law rules.

No Waivers

No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. Any purported assignment or delegation in violation of this prohibition on assignment is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.

Third-Party Beneficiaries

Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Vitara, and its Site Providers, and Site Pharmacies. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Vitara, and its Site Providers, and Site Pharmacies, nor shall any provision give any third parties any right of subrogation or action over against you, Vitara, and its Site Providers, and Site Pharmacies.

Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, epidemics, pandemics, supply chain disruptions, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

Notices

We may provide any notice to you under these Terms of Use by: (i) sending a message to the e-mail address you provide, or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail, and notices we provide by posting will be effective upon posting.

To give us notice under these Terms of Use, you must contact us as follows: (i) by sending a message to the “Contact Information” Section provided at the end of these Terms of Use; or (ii) by personal delivery, overnight courier, or registered or certified mail to us at the “Contact Information” Section provided at the end of these Terms of Use. We may update the e-mail address or mailing address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by e-mail or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Entire Agreement

These Terms of Use, together with any documents expressly referred to in them, including our Privacy Policy and our Refund Policy, constitute the entire agreement between you and us with respect to the Site, and supersede all previous written or oral agreements.

Reformation and Interpretation

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect

General Terms

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service shall not create any partnership, joint venture, employment, or other agency relationship between you and Vitara, its Site providers or Site pharmacies.

These Terms of Service and any policies or operating rules referenced or posted by us on the Site constitutes the entire agreement and understanding between you and us and supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Vitara may, in its sole discretion, transfer, its contractual rights and obligations set forth in these Terms of Service to any affiliate of Vitara or to another third party in the event that some or all of the Vitara’s business is transferred to a third party by way of merger, sale of its assets or otherwise. You may not assign any of your rights hereunder, and any such attempt by you will be deemed null and void

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):

You may direct copyright infringement notifications to us at: concierge@vitarahealth.com

Contact Information: