Terms & Conditions

  1. Terms and Conditions & Introduction

Welcome to Vitalis Milk, LLC. These Terms of Service (“Terms”) constitute a binding legal agreement between you and Vitalis Milk, LLC (referred to herein as “Vitalis Milk,” “the Company,” “we,” “us,” or “our”) and govern your access to and use of all websites, applications, content, products, and services offered by the Company (collectively, the “Services”). We provide access to our Services subject to the following Terms, which may be updated by us from time to time without notice to you.

For the purposes of these Terms, “the Company” shall be deemed to include, without limitation, Vitalis Milk, LLC and all of its past, present, and future: owners, parent entities, subsidiaries, affiliated companies, subcontractors, contractors, vendors, service providers, suppliers, licensors, officers, directors, employees, agents, representatives, successors, and assigns. All rights, obligations, protections, disclaimers, and limitations referenced in these Terms as applying to the Company shall be equally enforceable by and for the benefit of these affiliated or associated parties.

By accessing, browsing, purchasing, or using any part of the Services, you expressly acknowledge and agree that:

  • You have read, understood, and agreed to be bound by these Terms, on behalf of yourself or any minor child, dependent, or third party you represent;

  • You are at least eighteen (18) years old or the age of majority in your jurisdiction;

  • You have full legal authority and capacity to enter into this Agreement on behalf of yourself and any minor child, dependent, or third party for whom the product is purchased or used and you assume all associated legal responsibilities and risks on their behalf;

  • These Terms apply to and are binding upon all end users of the Company’s products or Services, whether or not such individuals have directly accessed or reviewed these Terms;

  • You understand and accept that these Terms may be modified at any time and continued use of the Services constitutes your agreement to be bound by the updated Terms.

  • You agree that these Terms shall survive termination and be enforceable against you and any party you represent.

These Terms apply to all users of the Services, including without limitation: browsers, vendors, purchasers, affiliates, resellers, contributors of content, contractors, subcontractors, agents, representatives, employees, subsidiaries, licensees, and distributors of the Company’s products or services.

By browsing the public areas of the Website, purchasing our products, logging in to access our Services, or by clicking “Agree & Continue” (or any similar button), you acknowledge that you have read, understood, and agree to be legally bound by these Terms and the terms and conditions of our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”).

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, PRODUCTS, OR SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICES IN ANY MANNER AND YOU MUST CEASE USE AND EXIST THE WEBSITE.

ANY DISPUTES BETWEEN YOU AND THE COMPANY, EXCEPT DISPUTES RESOLVED IN SMALL CLAIMS COURT OR RELATING TO THE OWNERSHIP OR ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS, ARE SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT. 

 

  1. Purchases and Payment Terms

By placing an order through the Site, you agree to provide current, complete, and accurate purchase and account information for all purchases made through the Company’s services (“Purchase”). You may be required to provide certain details, including but not limited to your name, billing and shipping address, phone number, email address, credit card number, expiration date, and security code (CVC). You represent and warrant that:

  • You have full legal authority to use any credit card, debit card, or other payment method provided in connection with the Purchase;

  • All information you provide is true, accurate, and complete; You will promptly update your account or payment information as needed to maintain its accuracy.

The Company uses third-party payment processors to facilitate payments and secure transactions. By submitting your payment information, you authorize the Company to transmit your information to these third-party providers, subject to the terms of our Privacy Policy. The Company disclaims all liability related to the security, performance, or acts of such third-party processors, except as required by law.

The Company reserves the right to:

  • Refuse, reject, or cancel any order at any time, at its sole discretion regardless of whether or not the order has been confirmed or payment processed.

  • Limit or restrict quantities purchased per person, per household, or per order;

  • Cancel or deny any transaction if fraud, unauthorized activity, abuse of promotion, or other unlawful conduct is suspected;

  • Correct pricing errors, inaccuracies, or omissions and to revise orders or cancel transactions based on those errors, whether or not the order has been confirmed or payment processed.

  • Change prices for our products or services without notice.

  • Refuse service to anyone, for any reason, at any time.

 

  1.  Subscription Billing and Recurring Charges

The Company may offer certain products or services on a subscription basis (“Subscription”), where you are billed at regular intervals (e.g., weekly, monthly) until you cancel in accordance with these Terms. By enrolling in a Subscription, you authorize The Company to automatically charge the payment method you provided at the interval and amount specified at the time of purchase, without further authorization, until you cancel.

You acknowledge and agree that:

  • Subscription charges will be automatically billed to your designated payment method on a recurring basis;

  • It is your responsibility to maintain accurate and up-to-date payment information in your account to avoid interruptions in service or failed charges.

Cancellations and Modifications by Customer:

You may cancel or modify your Subscription at any time by contacting customer support. In order to avoid being charged for the next billing cycle, cancellations must be completed at least 24 hours prior to the scheduled renewal date. No refunds or partial credits will be issued for cancellations made after a billing cycle has begun.

Cancellations by the Company:

The Company reserves the right to cancel or suspend any Subscription at any time, for any reason, including but not limited to product unavailability, suspected misuse, pricing errors, price changes, or at the Company’s sole discretion. You will be notified in the event of a cancellation, and any processed charges for undelivered products will be refunded.

Price and Terms Changes:

The Company reserves the right to adjust pricing, billing frequency, or Subscription terms at any time. Any such changes will be communicated to you in advance, and continued use of the Subscription following notice constitutes acceptance of the updated terms.

Failed Payments and Account Suspension:

If a recurring payment is declined, the Company may retry the payment method or suspend your access to Subscription products until valid payment is received. The Company is not responsible for any overdraft fees, bank charges, or other costs incurred due to failed or repeated billing attempts.

 

  1. Chargebacks and Fraudulent Activity

Zero Tolerance Policy on Fraud: The Company enforces a strict zero-tolerance policy regarding credit or debit card fraud. Any suspected fraudulent transaction will be fully investigated and may be reported to law enforcement in your local jurisdiction. We reserve the right to pursue all available civil and criminal remedies, including filing police reports and legal claims, to recover damages and prosecute offenders to the fullest extent permitted by law.

Account Termination and Order Cancellation: We reserve the right, at our sole discretion, to suspend or permanently terminate any customer account, restrict access to our website or platform, and cancel any pending or future orders associated with a compromised or disputed payment method. We may utilize fraud detection tools and reserve the exclusive right to resolve any related disputes in the manner we determine to be fair and appropriate. 

Chargebacks Due to Friendly Fraud or Duplication: If you initiate a chargeback for reasons deemed to be “friendly fraud” (i.e., disputing a valid charge regardless of on purpose or accident) or due to duplicate disputes (i.e., disputing multiple charges for a single transaction), you agree that the Company may impose a $150 administrative fee per occurrence. This fee reflects the time and resources required to investigate, document, and respond to the dispute. By placing an order, you expressly authorize us to charge this fee to your original credit card or payment method. 

Acknowledgment of Purchase and Transaction Evidence: By making a purchase through our platform, you acknowledge that all transaction records—including order confirmations, delivery logs, device IP addresses, customer communications, and platform usage—may be used to support our position in any chargeback dispute. You further agree not to use chargebacks as a means to circumvent our return, refund, or liability policies.

 

  1. Prohibited Uses

You agree not to misuse or abuse any product or service provided by The Company. Without limiting the generality of the foregoing, you expressly agree that:

  1. Unlawful or Unauthorized Use: You will not use the Company’s website, products, or services for any purpose that is unlawful, illegal, fraudulent, or prohibited by these Terms or by applicable international, federal, state, or local laws or regulations.

  2. Exploitation of Minors: You will not use the Company’s products or services to harm, exploit, or attempt to harm or exploit any minor in any manner, including but not limited to any form of inappropriate handling, distribution, or transfer of any Vitalis products.

  3. False Identity or Fraud: You will not misrepresent your identity, your legal eligibility to contract, or your intended use of the product. You must be of the legal age of majority in your jurisdiction and legally competent to enter binding agreements.

  4. Tampering and Interference: You will not tamper with, interfere with, or otherwise compromise the integrity or intended function of the Company’s website, equipment, or products. 

  5. Violation of Terms: If the Company has reason to believe you have engaged in any of the above Prohibited Uses or violated any provision of these Terms, the Company reserves the right, at its sole discretion and without prior notice, to (i) terminate or restrict your access to its services, (ii) notify relevant authorities, child protection agencies, or law enforcement, and (iii) disclose any relevant information to affected third parties as permitted by law.

 

  1. Accounts

When you create an account with The Company, you represent and warrant that you are at least 18 years of age and that all information provided is accurate, complete, and current. Providing false, outdated, or incomplete information may result in immediate suspension or termination of your account without notice.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.  You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You agree to notify the Company immediately of any unauthorized use or security breach involving your account. The Company is not liable for any loss or damage arising from your failure to safeguard your account information.

You may not register or use a username that infringes on the intellectual property rights of others, impersonates another person or entity, or contains offensive, vulgar, or obscene language. The Company reserves the right to refuse registration of, or cancel, any username at its sole discretion.

The Company further reserves the right to refuse service, suspend or terminate accounts, remove or edit content, or cancel orders at any time, for any reason or no reason, and without prior notice or liability.

 

  1. Export Compliance

Our website, products, and services may be subject to United States export control laws and regulations, including the Export Administration Regulations (EAR), and may be subject to import or export regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any content, data, software, technology, or products acquired from Vitalis Milk, LLC, in violation of any applicable export laws or regulations of the United States or any other relevant jurisdiction.

 

  1. Service Availability and Modifications

We reserve the right to modify, suspend, discontinue, or restrict access to any part of our website, services, or related content at any time and without prior notice, at our sole discretion. We are not liable if, for any reason, all or any part of the site becomes temporarily or permanently unavailable. We may limit access to specific areas or the entire site to certain users, including registered users, at any time.

 

  1. Electronic Communications

By accessing our website or communicating with us via email or through electronic forms, you consent to receive communications from Vitalis Milk in electronic form. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. This consent does not affect any non-waivable rights under applicable law.

 

  1. INDEMNIFICATION AND LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Vitalis Milk, LLC (“the Company”), including its owners, officers, directors, employees, agents, contractors, licensors, service providers, suppliers, vendors, successors, and assigns from and against any and all claims, actions, liabilities, demands, proceedings, damages, losses, fines, penalties, settlements, costs, and expenses (including reasonable attorneys’ fees and legal costs), whether brought by you or a third party, arising out of or relating to:

  • Your use, misuse, or attempted use of any product sold or provided by the Company, including, without limitation, freeze-dried or otherwise processed human breast milk;

  • Any illness, injury, allergic reaction, infection, or other adverse physical or medical outcome, whether known or unknown, alleged or proven, resulting from the consumption, handling, or use of the Company’s products;

  • Your failure to follow handling, preparation, mixing, storage, or feeding instructions;

  • Your breach of any provision of these Terms of Service or any applicable law, regulation, or third-party right;

  • Any resale, redistribution, gifting, or unauthorized recommendation of the Company’s products;

  • Any misrepresentation, negligence, or omission by you in connection with the product.

This indemnity obligation shall survive the completion of any transaction, the delivery of any product, and the termination of your relationship with the Company.

  1. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VITALIS MILK, LLC OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, VENDORS, SERVICE PROVIDERS, SUBSIDIARIES, PARENT COMPANIES, OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND—INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, CONSEQUENTIAL, OR PUNITIVE DAMAGES; ATTORNEYS’ FEES; OR DAMAGES FOR LOSS OF INCOME, BUSINESS INTERRUPTION, LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL—WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO:

  • THE USE OR MISUSE OF ANY VITALIS MILK PRODUCT OR SERVICE;

  • RELIANCE ON ANY STATEMENT, ADVICE, RECOMMENDATION, OR INFORMATION—WHETHER ORAL OR WRITTEN—PROVIDED BY THE COMPANY OR ITS REPRESENTATIVES;

  • PRODUCT SPOILAGE, CONTAMINATION, OR DETERIORATION OUTSIDE THE COMPANY’S CONTROL;

  • THE FAILURE OR DELAY IN THE DELIVERY OR PERFORMANCE OF ANY PRODUCT, SERVICE, MATERIAL, OR INFORMATION;

  • ANY ERRORS OR OMISSIONS ON OUR WEBSITE, PACKAGING, OR MARKETING MATERIALS;

  • PERSONAL INJURY, ILLNESS, OR DEATH, EMOTIONAL DISTRESS, OR REPUTATIONAL HARM;

  • TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS ON OUR WEBSITE, PACKAGING, LABELING, OR MARKETING MATERIALS;

SUCH LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IF ANY PORTION OF THIS LIMITATION IS DEEMED UNENFORCEABLE, THE TOTAL CUMULATIVE LIABILITY OF VITALIS MILK, LLC SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM.

 

  1. DISCLAIMER OF WARRANTIES

All products and services provided by The Company are offered “AS IS” and “AS AVAILABLE”, without warranties of any kind, express or implied, including but not limited to:

  • ANY IMPLIED WARRANTIES OF MERCHANTABILITY;

  • FITNESS FOR A PARTICULAR PURPOSE;

  • EXPECTATIONS OF RESULTS FROM USE; OR

  • SUITABILITY FOR INFANT, PEDIATRIC, OR MEDICAL PURPOSES.

  • TITLE AND NON-INFRINGEMENT

  • ACCURACY, SECURITY, RELIABILITY, OR CONTINUITY OF ACCESS

  • FREEDOM FROM VIRUSES, MALWARE, OR HARMFUL CODE

The Company does not warrant or guarantee that its products are free from all contaminants, pathogens, spoilage, or allergens, nor that its facilities meet FDA, or other medical-grade standards. The Company does not represent that its processing, storage, or packaging environments are completely sterile. Customers assume all responsibility for the handling, rehydration, use, and storage of the Product after delivery.

The Company does not warrant that the website will meet your expectations, operate uninterrupted or error-free, or that any content is accurate, complete, legal, or reliable.If applicable law requires any warranties that may not be disclaimed, those warranties are limited to ninety (90) days from the date of first access or use.

Some jurisdictions do not allow the exclusion of certain implied warranties or the limitation of how long an implied warranty lasts; in such cases, portions of this section may not apply to you.

 

  1. JURISDICTIONAL LIMITATIONS

IN JURISDICTIONS WHERE SUCH LIMITATIONS ARE NOT PERMITTED BY LAW, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW.

 

  1. Returns and Refunds Policy

ALL SALES ARE FINAL. Due to the perishable and biological nature of freeze-dried human breast milk, The Company does not accept returns, exchanges, or issue refunds once a product has been shipped.

You acknowledge and agree that:

  • The Product is derived from human donors, and once it leaves our facility, it cannot be returned or resold for health, safety, and regulatory reasons.

  • The Product is provided “as is” and all sales are final, regardless of satisfaction, taste, tolerance, or feeding response.

  • The Company makes no guarantees regarding individual outcomes, acceptability, or compatibility with any specific infant or person.

Refunds or replacements may only be considered in the rare event of:

  • Verified product defect, or

  • Demonstrable manufacturing error that can be clearly and directly traced to the Company’s internal process.

In such cases:

  • You must notify the Company in writing within 96 hours of delivery, provide clear photographic or video evidence, and retain the full product and original packaging for inspection.

  • The Company retains sole and final discretion to determine whether a refund, replacement, or other resolution is warranted.

  • The Company’s determination shall be final, binding, and not subject to appeal.

Shipping Delays and Carrier Errors:

Vitals Milk, LLC is not responsible for delivery delays, carrier errors, weather-related issues, theft after delivery, or failure to retrieve packages in a timely manner. No refunds or replacements will be issued for products damaged or lost in transit unless the Company determines, in its sole discretion, that the issue was due to a packaging failure caused by our process.

 

  1. Donor Information and Self-Reported Data

Product Safety Disclaimer: The Company provides freeze-dried breast milk powder (“Product”) from screened donor milk. While the Company employs multi-step safety and quality procedures, you acknowledge and agree that:

  • The Product is not sterile and is provided as-is, without guarantees, warranties, or assurances of safety, nutritional sufficiency, or medical effectiveness.

  • The Product may vary naturally in color, texture, composition, and bioactive content.
    The Product is not intended for use in medically fragile, preterm, allergen-sensitive, or immunocompromised infants or persons.

  • Infants must not handle the Product directly. Packaging must be kept out of reach of children at all times.

  • You assume full legal, medical, and personal responsibility for the use of this Product and its suitability for any specific infant.

  • You understand and accept that donor-provided information may be inaccurate, incomplete, or outdated. 

  • You understand and accept that no assurances can be made as to what the donor consumed, was exposed to, or used prior to or during the time of milk donation.

  • By purchasing or using our products, you acknowledge and agree that: We do not provide allergen-free, dairy-free, soy-free, nut-free, or gluten-free assurances. Milk may contain trace amounts of food allergens or compounds from substances consumed or used by the donor that may not be suitable for all infants or persons  

  • Use of our product in infants with known or suspected allergies, intolerances, or sensitivities is solely at your own risk and must be guided by a licensed healthcare provider. 

  • You acknowledge that human milk, even when screened and processed, carries inherent biological variability and may not be suitable for all infants.

Donor Screening Limitations: Milk donors voluntarily provide information related to their diet, medications, supplements, and health history. However, such information is self-reported, may be inaccurate, incomplete, or outdated and should not be relied upon as medically verified. All such information unverified, and not subject to independent medical review, audit, or validation.The Company does not monitor or control:

  • Specific donor diets, allergen exposure, medication use, supplement intake, or environmental exposures.

  • Lifestyle, health practices, or diet adherence of any donor.

The Company does not conduct allergen testing or guarantee donor compliance with any specific lifestyle (e.g., dairy-free, organic, gluten-free, vegan, or medication-free). The Company does not guarantee or make any representations regarding the diet, allergen exposure, lifestyle, supplement use, or medication intake of any individual milk donor.

Allergen and Compound Exposure Warning: By purchasing or using this Product, you expressly acknowledge and accept that:

  • The Product may contain trace amounts of common food allergens, pharmaceuticals, environmental contaminants, or bioactive compounds, including but not limited to: cow’s milk proteins, soy, peanuts, tree nuts, eggs, wheat, shellfish, caffeine, herbal substances, or medications (prescription or over-the-counter).  

  • No testing is performed for allergens, medications, or toxins.

  • The Company makes no guarantees regarding the absence of any ingredient, allergen, or compound.

Medical Risk Assumption and Waiver: You acknowledge that the Product may be unsuitable for infants with known or suspected food allergies, intolerances, autoimmune conditions, metabolic disorders, or gastrointestinal sensitivities. By using the Product, you:

  • Assume all medical risk and responsibility for determining its safety for the intended recipient;

  • Waive and release the Company from any liability related to allergic reactions, adverse effects, or harm from residual compounds or undisclosed ingredients;

  • Agree that the Product is not intended for infants with complex medical conditions, and the Company does not recommend or condone its use in such cases.

  • Agree the Company shall not be liable for any claim, harm, injury, reaction, hospitalization, or death arising out of or related to the presence of undisclosed or residual allergens, medications, or bioactive compounds. 

Breast Milk Handling Obligations

YOU AGREE THAT YOU, THE CUSTOMER, AND NOT THE COMPANY, ARE SOLELY RESPONSIBLE FOR PROPER HANDLING AND PREPARATION OF THE PRODUCT, INCLUDING COMPLIANCE WITH CDC GUIDELINES FOR BREAST MILK STORAGE. ONCE PREPARED, BREAST MILK MUST BE USED IMMEDIATELY OR DISCARDED. IT MUST NEVER BE RE-FROZEN OR REFRIGERATED. 

 

  1. Medical Consultation and Customer Responsibility

You acknowledge and agree that it is your sole responsibility to consult with a licensed pediatrician or qualified healthcare provider before using the Product for any infant or child, especially if the child has known or suspected allergies, intolerances, medical conditions, or special nutritional needs.

Vitalis Milk, LLC does not provide medical advice, diagnosis, or treatment. The Product is not a substitute for medical-grade infant formula or prescribed nutrition. No claims are made that it will prevent, treat, or cure any disease or condition.

The Company disclaims all liability for any adverse reactions, complications, or health outcomes that may arise from the use, misuse, unauthorized mixing, storage, or reconstitution of the Product. By using the Product, you assume full responsibility for all risks associated with its use.

 

  1. Communications

By submitting your contact information—including but not limited to your email address or phone number—through any form on the Site, you consent to receiving communications from Vitalis Milk, LLC (“the Company”) via email, phone, or text. These communications may include transactional messages, responses to your inquiries, updates regarding your orders, and, where applicable, messages related to specific programs or services such as the Donor Portal.

From time to time, the Company may also send promotional or marketing communications. You are not required to consent to receive promotional communications as a condition of using the Site or our services. You may opt out of receiving such promotional emails at any time by following the unsubscribe instructions provided in the communication itself or by emailing info@vitalismilk.com.

 

  1. User Content

You may have the opportunity to submit content to the Company through the Site, including, but not limited to, contact form submissions, testimonials, reviews, or other forms of communication (“User Content”). You are solely responsible for the content you submit and for any consequences arising from its use or publication.

By submitting User Content, you represent and warrant that: You own or have the necessary rights to provide the User Content and Your User Content does not violate any third-party rights or any applicable laws;

You hereby grant the Company an irrevocable, non-exclusive, royalty-free, worldwide, and fully sublicensable license to use, reproduce, modify, adapt, publish, distribute, publicly display, and create derivative works from your User Content for purposes related to the Site and the Company’s operations.

You agree not to represent that your User Content is endorsed by or affiliated with the Company, and you understand that your User Content may be removed at any time, for any reason, and without notice. The Company is under no obligation to back up or retain any User Content. You are solely responsible for maintaining your own copies of any User Content you wish to preserve.

 

  1. Feedback

If you provide the Company with any feedback, suggestions, ideas, error reports, or other input relating to the Site or the Company’s products or services (“Feedback”), you agree as follows:

  • You assign all rights, title, and interest in the Feedback to the Company, and the Company is free to use it without restriction or compensation to you;

  • You waive any right to claim ownership or authorship of the Feedback;
    The Company may already be developing similar ideas, and the Feedback will not be treated as confidential or proprietary;

  • If applicable law prohibits the assignment of rights in Feedback, you grant the Company a perpetual, irrevocable, transferable, royalty-free, sublicensable, and worldwide license to use, reproduce, modify, distribute, display, and commercialize the Feedback in any form and for any purpose.

 

  1. Acceptable Use Policy

The Site and its features are provided exclusively for lawful, personal use in connection with the purchase and management of products offered by Vitalis Milk, LLC (the “Company”). Customer accounts are intended solely for viewing order history, entering shipping and billing information, purchasing products, and—when available—submitting reviews based on personal experience with the Company’s products. You agree not to use the Site, its account features, or any Company services for any purpose beyond these limited, intended uses.

Without limiting the generality of the foregoing, you agree not to:

(a) Upload, transmit, or distribute to or through the Site any viruses, malware, or malicious code intended to interfere with or damage any software, hardware, or data; (b) Send unauthorized or unsolicited communications through the Site, including advertising, spam, chain letters, or promotional materials; (c) Attempt to harvest, collect, or use any user data, customer information, or account content not expressly provided to you; (d) Interfere with or disrupt the Site, its servers, or its connected networks in any way, including by overwhelming infrastructure, exploiting vulnerabilities, or attempting unauthorized access; (e) Use any automated means (bots, spiders, scrapers, etc.) to access or interact with the Site, except for limited indexing by public search engines per our robots.txt file; (f) Use any false, misleading, vulgar, obscene, infringing, defamatory, harassing, or otherwise unlawful language in any submitted content or user review; (g) Attempt to create or operate multiple accounts for fraudulent or manipulative purposes.

You further agree not to submit any content that: (i) Violates the rights of any third party, including intellectual property, privacy, publicity, or contractual rights; (ii) Is false, misleading, abusive, pornographic, obscene, or promotes violence, discrimination, or hatred; (iii) Involves or targets minors in any harmful, exploitative, or inappropriate manner; (iv) Violates any applicable law, rule, or regulation.

 

  1. Enforcement

The Company reserves the right, but not the obligation, to monitor, review, or moderate any user content or account activity. The Company may, in its sole discretion and without notice or liability, take any action it deems necessary or appropriate in response to a violation of this Acceptable Use Policy or any other provision of these Terms.

Such action may include, without limitation:

  • Removal or modification of user-submitted content;

  • Suspension or termination of your account;

  • Restriction of Site features or services;

  • Notification of law enforcement or regulatory authorities, if warranted.

The Company is not obligated to explain or disclose the results of any investigation or enforcement action taken under this section.

 

  1. Third-Party Links, Applications & Advertisements

The Site may contain links to third-party websites, services, applications, or display advertisements for third parties (collectively, “Third-Party Content”). Such Third-Party Content is provided solely for your convenience and is not under the control of The Company.

The Company does not review, monitor, approve, endorse, warrant, or make any representations with respect to any Third-Party Content, and expressly disclaims all responsibility and liability for such content. Your access to or use of any Third-Party Content is entirely at your own risk. The Company is not responsible for any information, materials, products, or services made available through Third-Party Content, nor any damages or losses arising from your reliance on them.

When you engage with any Third-Party Content, you acknowledge that the applicable third party’s terms of use, privacy policy, and data collection practices will apply. You should conduct whatever investigation you deem necessary or appropriate before proceeding with any transaction or interaction involving Third-Party Content.

 


  1. Third-Party Links for Informational Use Only – No Medical or Outcome Guarantees

Any content provided on the Site, including references to scientific studies, peer-reviewed literature, nutritional data, or health-related research, is offered solely for general informational purposes. Such content is not intended to constitute or substitute for professional medical advice, diagnosis, or treatment.

While The Company strives to present accurate and credible information, the Company makes no representations or warranties as to the applicability, accuracy, completeness, or outcomes associated with any referenced scientific material. Any nutritional, developmental, or health claims regarding breast milk or its components, including but not limited to brain development or immune support, are general in nature and may not reflect individual results.

You are solely responsible for evaluating the relevance and applicability of any information provided on the Site, and you agree not to rely on any such content as a substitute for medical judgment or professional healthcare advice.

 


  1. Release

To the fullest extent permitted by law, you hereby release, waive, and forever discharge Vitalis Milk, LLC and its officers, directors, employees, contractors, vendors, suppliers, agents, affiliates, successors, and assigns (“Released Parties”) from any and all past, present, and future claims, demands, liabilities, damages, losses, costs, actions, causes of action, or expenses (including personal injury, death, and property damage) that arise out of or relate to your use of the Site, the Service, or any Company product, including without limitation any interactions with other users or third-party links, content, or advertisements featured on the Site or related platforms.

If you are a resident of California, you expressly waive the protections of California Civil Code Section 1542, which states:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

 

  1. Assumption of Risk

You acknowledge and agree that by purchasing, handling, or using any product sold by the Company, including freeze-dried human breast milk, you do so voluntarily and at your own risk. You expressly assume all risks associated with the preparation, handling, storage, use, and consumption of the Company’s products, both for yourself and on behalf of any child, dependent, or other third party who may consume the product.

You understand that although the Company follows internal safety protocols and testing procedures, its products are not sterile, not regulated by the U.S. Food and Drug Administration (FDA), and are not intended to diagnose, treat, cure, or prevent any disease. You accept full responsibility for any potential adverse reactions, illness, allergic responses, or other effects, known or unknown, that may result from the use of the product.

 

  1. Intellectual Property Ownership and Protection

All intellectual property associated with the Company—including but not limited to all product formulations, processing techniques, freeze-drying methods, packaging, trademarks, trade dress, branding, written materials, designs, digital content, source code, marketing language, customer documentation, and business processes (collectively, the “Intellectual Property”)—is proprietary, protected under applicable U.S. and international laws, and either solely owned or lawfully controlled by the Company, LLC through exclusive rights, licenses, or contracts.

No license or right is granted to any user, customer, affiliate, or third party by implication, estoppel, or otherwise to use, reproduce, reverse engineer, modify, copy, sell, distribute, transmit, publish, display, or exploit any portion of the Intellectual Property without the prior express written consent of the Company, LLC.

You expressly agree not to:

  • Access, reproduce, or use any materials from the Company, LLC for competitive benchmarking, imitation, formulation recreation, or the creation of derivative works;

  • Reproduce, reverse engineer, decompile, disassemble, replicate, or derive any portion of the Company’s products, processes, or visual identity;
    Disclose or use any proprietary methods or know-how, including trade secrets associated with the Company’s operations, which are strictly confidential and protected by law;

  • Use the Company’s name, logos, brand elements, website content, or proprietary materials in any advertising, marketing, or resale activity without prior written authorization.

Any unauthorized use, disclosure, or exploitation of the Company’s Intellectual Property is strictly prohibited and may result in immediate legal action, including but not limited to injunctive relief, compensatory and statutory damages, punitive damages, and recovery of attorneys’ fees and costs to the fullest extent permitted by law.

Any and all intellectual property rights—including copyrights, patents, trademarks, trade secrets, and proprietary methodologies—appearing on or embodied within the Site, its content, and the Company’s products are owned solely by the Company or its licensors. No rights, title, or interest in such intellectual property are transferred to you by use of the Site or purchase of products. All rights not expressly granted are reserved. No licenses are granted by implication or otherwise.

 

  1. BINDING ARBITRATION AND CLASS ACTION WAIVER 

PLEASE READ THIS SECTION CAREFULLY—IT AFFECTS YOUR LEGAL RIGHTS. BY USING PRODUCTS OR SERVICES FROM VITALIS MILK, YOU AGREE TO RESOLVE ALL DISPUTES EXCLUSIVELY THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR JURY TRIAL.

You and The Company agree that any legal controversy or claim arising out of or relating to your use of Vitalis Milk products or services, including any related dispute involving affiliates, vendors, or subsidiaries, shall be resolved by binding individual arbitration, except that: (i) either party may bring an eligible individual claim in small claims court, and (ii) disputes involving intellectual property ownership or enforcement may be pursued in court. The term “Dispute” includes any legal theory or claim, past, present, or future—whether in contract, tort, statute, or otherwise—concerning the products, services, this Agreement, or the arbitrability of any claim or provision herein.

YOU AND THE COMPANY WAIVE ALL RIGHTS TO PARTICIPATE IN CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS.

Neither party will pursue any Dispute as part of a class, collective, or representative action. Claims must be arbitrated or litigated only on an individual basis. Arbitration proceedings may not be combined without written consent from all involved parties. If this class waiver is deemed unenforceable, the Dispute shall proceed in court, not arbitration. 

A. Small Claims Option. Either party may choose to resolve a qualifying Dispute in a small claims court with proper jurisdiction, provided the claim is pursued individually. If arbitration has been initiated, the other party may request transfer to small claims court, and the arbitration administrator will close the case with no further arbitration costs owed by the respondent.

B. Informal Dispute Resolution. Before initiating formal proceedings, both parties agree to attempt resolution through a good-faith effort. The initiating party must send a written notice including contact information, factual background, specific relief requested, and supporting calculations. Notices must be mailed to Vitalis Milk, LLC, Legal Department, [Insert Address]. Vitalis Milk will contact you using available contact details. Both parties will then participate in a good-faith conference call or video meeting within sixty (60) days. Legal representation may participate, but each party must also personally engage in the meeting.

C. Arbitration Process. Unresolved Disputes will be subject to binding arbitration governed by the Federal Arbitration Act. The arbitration will be administered by ADR Services, Inc. (https://www.adrservices.com/). If unavailable, arbitration may be conducted through NAM (https://www.namadr.com/). The arbitration will be handled by a single, neutral arbitrator and may proceed via telephone, written submissions, video, or in person in either Los Angeles, CA, or Las Vegas, Nevada. 

D. Fees. If Vitalis Milk initiates arbitration, it covers all administrative costs. If you initiate, you are responsible for applicable fees set by the arbitration provider. Fee schedules are publicly available at the provider’s website. If a claim is determined to violate legal filing standards (e.g.,FRCP Rule 11), the arbitrator may impose cost sanctions accordingly. 

E. Settlement Offers. Either party may make a written offer of judgment no later than ten (10) calendar days before the arbitration hearing. If not accepted and the rejecting party fails to obtain a more favorable award, that party is liable for the offeror’s arbitration costs from the date of the offer. Offers not accepted within thirty (30) days or before the hearing are deemed withdrawn and inadmissible.

F. Survival of Arbitration Agreement. This arbitration clause remains effective after your relationship with Vitalis Milk ends and survives the expiration or termination of these Terms.

G. Opt-Out. You may opt out of this arbitration agreement within thirty (30) days of your initial transaction with Vitalis Milk. Your written opt-out notice must include your name, address, email used (if applicable), and a clear statement of your decision to opt out of both the arbitration agreement and class action waiver. Mail your opt-out to: Vitalis Milk, LLC – Opt-Out Notice,

[Insert Address]. Email opt-outs will not be accepted.

Please seek independent legal advice if you have any questions about this arbitration agreement.


1. Clarification of Arbitrators Limited Powers: The arbitrator shall have no authority to grant any form of relief that would benefit any individual other than the named parties in arbitration, nor to issue injunctive relief applicable to the general public.

2. Severability and Survival of Agreement: If any portion of this arbitration agreement is found unenforceable, the remainder shall remain in full force, except that if the class action waiver is found unenforceable, the entirety of this arbitration agreement shall be null and void.

3. Federal Arbitration Act Preemption: This agreement to arbitrate shall be governed exclusively by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16, and not any state arbitration statute. To the extent any state law conflicts with the FAA, the FAA shall control.


 

  1. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason by a court or other tribunal of competent jurisdiction, then that provision shall be deemed severed from these Terms and shall not affect the validity or enforceability of the remaining provisions. The remainder of the Terms shall remain in full force and effect and shall be construed to reflect, as closely as possible, the original intent of the parties. Any unenforceable provision shall be replaced with a valid, enforceable provision that most closely reflects the original intent and economic effect of the invalid provision.

 

  1.  Modifications and Amendments to Terms

Vitalis Milk, LLC reserves the right, at its sole discretion, to modify, update, or amend these Terms at any time. Any changes will be effective immediately upon posting to this website, unless a later effective date is stated. It is your responsibility to review these Terms periodically for updates.

Your continued access to or use of the website, products, or services after the posting of any revised Terms constitutes your full and irrevocable acceptance of those modifications. If you do not agree to the revised Terms, you must immediately cease use of all Services.

We are under no obligation to provide individual notice of changes to these Terms. It is your duty to regularly review this page to remain informed of any updates, as such changes are legally binding upon you.

If any modification is deemed material under applicable law, we may, but are not obligated to, provide additional notice via email or other reasonable means. Your continued use of our Services following any such notice constitutes your agreement to be bound by the modified Terms.

 

  1. Contact Information

If you have any questions about these Terms, need to submit a legal inquiry, or wish to provide notice of a dispute, you may contact us at:

Vitalis Milk, LLC

Email: Info@vitalismilk.com

 

  1. No Waiver

The failure of The Company to enforce any right, term, or provision of these Terms shall not constitute a waiver of such right or provision, nor shall any single or partial exercise of any right preclude any other or further exercise of that right or any other right or remedy. Any waiver must be in writing and signed by an authorized representative of the Company.

 

  1. Termination

Vitalis Milk, LLC (the “Company”) reserves the right to suspend or terminate your account or access to the Service at any time, with or without cause, and without prior notice or liability. This may include, but is not limited to, any violation of these Terms, suspected misuse of the Service, or conduct the Company deems harmful to its operations, reputation, or other users.

Such termination is at the sole and absolute discretion of the Company and may occur without the need for explanation or advance warning. The Company shall not be liable to you or any third party for any damages resulting from termination, suspension, or restriction of access.

If you wish to terminate your account, you may do so at any time by ceasing use of the Service. No formal notice is required.

Any and all provisions of these Terms that by its nature should survive termination (including but not limited to ownership rights, warranty disclaimers, limitations of liability, indemnity obligations, dispute resolution provisions, and governing law) shall survive any termination of these Terms or of your access to the Services.

 

  1. Binding Effect on Third Parties

By purchasing, using, or facilitating the use of any product or service offered by Vitalis Milk, LLC (“the Company”), you represent and warrant that you are acting on behalf of yourself and, where applicable, any minor child, dependent, or other individual for whom the product is purchased, administered, or intended. You further affirm that you have full legal authority to act on behalf of such individual(s), including the authority to accept these Terms of Service and to assume all associated risks, responsibilities, and liabilities on their behalf.

These Terms are expressly intended and agreed to be binding upon all end users of the Company’s products or services—regardless of whether such individuals personally accessed, reviewed, or consented to these Terms. This includes, without limitation, minor children, legal dependents, caregivers, guardians, and other third parties who may consume, receive, or benefit from the use of the Company’s products.

These Terms shall also be binding upon and enforceable against the parties and their respective heirs, successors, assigns, agents, representatives, legal representatives  and legal guardians.

 

  1. Miscellaneous Legal Provisions

The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” shall be interpreted to mean “including without limitation.”

 

  1. Non-Transferability of Claims

To the fullest extent permitted by law, you agree that no third party, including but not limited to spouses, ex-spouses, family members, legal guardians, or other representatives, shall have any independent right to bring claims against the Company unless such individual is a direct purchaser of the Company’s product or service and has agreed to be bound by these Terms.

These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. the Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

This provision shall not limit any defenses available to the Company under applicable law, including lack of privity, assumption of risk, or limitations of liability set forth herein.

 

  1. Governing Law and Jurisdiction

These Terms and any dispute, claim, or controversy arising out of or relating to  your use of this website, any Vitalis Milk, LLC product or service, or the interpretation, validity, or enforcement of any provision herein, shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles.

You expressly agree that any legal action or proceeding arising under or in connection with these Terms shall be brought exclusively in the state or federal courts located in Clark County, Nevada, and you hereby irrevocably submit to the personal jurisdiction and venue of such courts. You waive any defense based on inconvenient forum, lack of personal jurisdiction, or improper venue in connection with any such proceeding.

 

  1. Entire Agreement

These Terms, including any legal disclaimers, policies, or agreements incorporated by reference, constitute the entire and exclusive agreement between you and The Company with respect to your access to and use of our website, products, and services, and supersede all prior or contemporaneous communications, agreements, or understandings, whether oral or written, relating to the subject matter herein.