I. Minimum Age

You represent that you are at least 18 years of age (or the age of majority in the State in which you reside, if different). The Sites are not intended for, and you may not access or use any of the Sites if you are under 18 years of age (or the age of majority in the State in which you reside, if different). Nothing in this Section affects any other age requirements that may apply to specific products or services offered by us.

II. Modifications

We may modify the terms of this Agreement or change any part of the Sites from time to time, in our sole discretion. We will notify you of any material changes by posting the updates on the Sites and by changing the "Last Updated" date in the version of the Agreement posted on the Sites. We encourage you to check this page periodically for any changes. Your acceptance of the modified Agreement or continued use of any of the Sites following the posting of changes to this Agreement will constitute your acceptance of those changes.

III. Additional Terms

Certain services, programs and features available on or through the Sites and purchases made on any of the Sites are subject to additional terms, conditions and policies (“Additional Terms”). It is your responsibility to review and comply with all Additional Terms to the extent you use or participate in such services, programs or features or make purchases on the Sites. In the event of a conflict between the terms of this Agreement and any Additional Terms, the Additional Terms will govern with respect to the applicable services, programs and features, as may be further detailed in such Additional Terms. All Additional Terms are hereby incorporated by reference into this Agreement, and include, without limitation, the following:

• Privacy Policy
• Purchase Policy
• Healthy Awards Terms and Conditions
• Return Policy
• Auto Delivery Terms and Conditions

IV. Not Healthcare Advice

ANY INFORMATION INCLUDED ON THE SITES ARE NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE PRODUCTS, INFORMATION, SERVICES AND OTHER CONTENT PROVIDED ON AND THROUGH THE SITES, INCLUDING INFORMATION ON THIRD-PARTY SITES LINKED TO THE SITES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY.

Please consult with your physician or other healthcare professional (each, a "Healthcare Professional") regarding any medical or health-related diagnosis or treatment options.

The products and the claims made about specific products on or through the Sites have not been evaluated by the United States Food and Drug Administration and are not intended to diagnose, treat, cure or prevent disease. The information provided on the Sites may be provided in summary or aggregate form and is not intended as a substitute for advice from your Healthcare Professional or the instructions contained on or in any product label or packaging. You should not use the information on the Sites for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a Healthcare Professional before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem.

Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements. The Vitamin Shoppe® employees are encouraged to voluntarily participate in our forums including describing their experiences with specific products. Any comments made by employees in these forums or in reviewing products are strictly their own personal views made in their personally capacity. These comments are not claims made by The Vitamin Shoppe^® nor do they represent the view or position of The Vitamin Shoppe^®.

V. Purchases

If you make a purchase for any products or services on any of the Sites, your purchase will be subject to the terms of our Purchase Policy, which is hereby incorporated into and made part of this Agreement. Please review our Purchase Policy before making any such purchase.

VI. Privacy

Your use of any of the Sites is subject to the terms of our Privacy Policy. Please carefully review our Privacy Policy, which may be accessed here.

VII. Copyright; Trademarks

You acknowledge that all materials and content on any of the Sites, including any of the Sites’ design, graphics, text, sounds, pictures, software, features, tools, code, information and other files, and the selection and arrangement thereof (collectively, "Materials"), are the property of The Vitamin Shoppe® or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on the relevant Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of The Vitamin Shoppe® or the respective copyright owner. The Vitamin Shoppe® grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to view and download or print a single copy of the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. The Vitamin Shoppe® may revoke this license at any time and for any reason. You may not modify or adapt the Materials in any way or use them for any public or commercial purposes without our written consent. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on any of the Sites (including, without limitation, The Vitamin Shoppe^®, Bodytech^®, Vthrive The Vitamin Shoppe^®, plnt^®, True Athlete^® and Healthy Awards^®) are the sole property of The Vitamin Shoppe^® and/or its suppliers or licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of The Vitamin Shoppe^® or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of The Vitamin Shoppe^® and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of The Vitamin Shoppe^®. The Vitamin Shoppe^® may enforce its intellectual property rights to the fullest extent of the law.

VIII. Links; Third Party Websites

The Sites may contain links to websites owned or operated by third parties or otherwise contain Materials provided by third parties (collectively, “Third Party Materials”). Such Third-Party Materials are provided only as a convenience to you and may be subject to their own additional license terms and policies. YOU AGREE THAT THE VITAMIN SHOPPE® DOES NOT ENDORSE OR MAKE ANY REPRESENTATIONS REGARDING THE THIRD PARTY MATERIALS ACCESSIBLE THROUGH THE SITES AND YOU UNDERSTAND THAT YOU BEAR ALL RISKS ASSOCIATED WITH YOUR ACCESS TO AND/OR USE OF SUCH THIRD PARTY MATERIALS.

If you access a third-party site through such links, you will leave the Sites. You agree that The Vitamin Shoppe® will not be responsible or liable for any content, goods or services provided on or through these third party websites or for your use or inability to use such websites. You will use these links at your own risk. We encourage you to review the privacy policy and terms of use for such third party sites. Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of any of the Sites, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.

IX. Account Creation

You are required to establish an account on these Sites in order to take advantage of certain features of the Sites, such as making a purchase. If you provide information on any of the Sites, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by any of the Sites, and (b) maintain and promptly update such information to keep it true, accurate, current and complete to the extent the Sites facilitates such updates. If you provide any information that is false, inaccurate, outdated or incomplete, or The Vitamin Shoppe^® has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, The Vitamin Shoppe® has the right to suspend or terminate your account and prohibit any and all current or future use of any of the Sites (or any portion thereof) by you.

You must create a username and password while completing the account registration process. You are not permitted to share, sell, distribute or otherwise transfer your account or allow your login credentials to be used by any other individual. You are responsible for (i) maintaining the confidentiality of the password and account and (ii) restricting access to your computer or other device used to access your account. You are fully responsible for all activities and charges that occur under your account resulting from your failure to safeguard your login credentials or computer. You agree to (a) immediately notify The Vitamin Shoppe^® of any unauthorized use of your login credentials or account, and (b) ensure that you exit from your account at the end of each session.

X. Acceptable Use

This Section X of the Agreement shall be governed by and construed in accordance with the Federal Arbitration Act and applicable federal laws.

You agree to use the Sites only for lawful purposes, and that you are responsible for your use of and communications on any of the Sites. You agree that when using the Sites or submitting any User Content to the Sites, you will not:

access any of the Sites by any means except through the interface provided by The Vitamin Shoppe® for access to the Sites;


create or maintain any link from another website to any page on any of the Sites without the prior authorization of The Vitamin Shoppe^®;


run or display any of the Sites or any information or material displayed on any of the Sites in frames or through similar means on another website without the prior written consent of The Vitamin Shoppe^®;


access data not intended for you or log onto a server or an account that you are not authorized to use;


use any of the Sites in any manner that interferes with its normal operation or with any other user’s use and enjoyment of any of the Sites;


circumvent or modify, attempt to or assist another in circumventing or modifying any security technology or software that is part of the Sites;


interfere with service to any other user, or the software, networks or systems that we use to bring the Sites to you, such as by submitting a virus or overloading, "flooding," "spamming," "mailbombing" or "crashing" any of the Sites;


modify, alter or prepare other works based on the Sites’ Materials, or distribute copies of or publicly perform or display such Materials, such as by posting the Materials on any network computer or distributing the Materials on or in any media, including any effort to decompile, reverse engineer or otherwise attempt to derive source code, underlying ideas, algorithms, structure or organization of the Sites;


use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler or robot) to navigate, search, and/or extract information from the Sites other than the search tools available on the Sites and other generally available third-party web browsers (e.g., Google Chrome, Microsoft Edge); or


use the Sites in a manner that is inconsistent with any and all applicable laws and regulations.

Any violation of this Agreement or unauthorized use of any information or materials displayed on or available from the Sites may violate copyright laws, trademark laws, laws of privacy and publicity and other laws and regulations and may result in, among other things, termination of your access to the Sites by The Vitamin Shoppe® in its sole discretion. We have the right, but not the obligation, to remove any submitted or posted content for any reason.

XI. Product Descriptions and Availability

We try to describe and display the features of all of the merchandise, products and services shown on the Sites as accurately as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Sites are accurate, complete, current or entirely error-free. Moreover, descriptions or images of products on the Sites should not be interpreted as endorsements of such products. We may make changes to the Sites at any time and without notice. The colors you see will depend on your monitor and the descriptions we provide often depend on information given to us by others. In addition, the information on the Sites may contain typographical or other human errors and may not be complete or current despite our efforts. All weights and size dimensions may be approximations. IF A PRODUCT OFFERED BY THE SITES IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION.

All products and services, including availability, prices, charges and fees in effect, are subject to change at any time without prior notice. The Vitamin Shoppe^® reserves the right to limit the availability of or discontinue selling any product or service, cancel any purchase; and to refuse any order made by you. Not all products are available at all of our store locations at all times.

XII. Export Control

The Vitamin Shoppe^® makes no representation that Materials contained on any of the Sites or products described or offered on any of the Sites are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use any of the Sites and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access any of the Sites from any territory where its contents are illegal, and that you, and not The Vitamin Shoppe® Parties, are responsible for compliance with applicable local laws, including export and re-export restrictions. You represent and warrant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or similar restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; (b) listed on any U.S. government lists of prohibited or restricted parties.

XIII. Termination

This Agreement is effective unless and until terminated by either you or The Vitamin Shoppe®. You may terminate this Agreement at any time, provided that you discontinue any further use of the Sites. The Vitamin Shoppe® also may terminate or suspend this Agreement, at any time, without notice, and for any reason. Upon any such termination or suspension, your right to use any of the Sites will immediately cease and you must (a) discontinue use of the Sites and delete or uninstall the App from your mobile device, as applicable, and (b) promptly destroy all materials downloaded or otherwise obtained from any of the Sites, as well as all copies of such materials, whether made under the terms of use or otherwise. The Vitamin Shoppe® reserves the right to immediately and permanently deactivate your account and delete any information or content stored through your account.

Any provisions in this Agreement which are intended to survive termination of this Agreement shall survive, including Sections IV, VI, VII, XI through XV and XVII through XXIV of this Agreement.

XIV. SMS Marketing Alerts

If you elect to receive The Vitamin Shoppe^®’s special marketing promotions and exclusive offers through text message (e.g., SMS, MMS and RCS), you authorize automated marketing messages be sent to you at the mobile number you provide. By enrolling in this service, you certify that you are the account holder of the mobile number you provide or you have the account holder's permission to receive automated marketing messages at such mobile number. You agree to promptly alert us whenever you deactivate or change your mobile number. The Vitamin Shoppe® does not charge for this service; however, your wireless carrier message & data rates may apply. You may opt out at any time by replying “STOP” to any text message you receive from us or by calling (866)-293-3367 to opt out by phone.

XV. User Content and Conduct

The Vitamin Shoppe^® welcomes your comments and contributions to our Sites. However, you acknowledge that if you send or submit to The Vitamin Shoppe® any suggestions, reviews, comments, photos, videos, or other user-generated content (collectively, “User Content”) through or in connection with the Sites, such as product reviews or on third party social media platforms (through your use of promotional hashtags designated by The Vitamin Shoppe^®), you are granting The Vitamin Shoppe^® a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable and transferable license to use, copy, modify, prepare derivative works based on and publicly perform, display and distribute such User Content for any purpose whatsoever, without restriction and without compensating you in any way. You also grant and are authorized to grant The Vitamin Shoppe^® the right to use, without consideration, any name or likeness you submit with any User Content. You agree this license is effective automatically (without further action by you) when you submit the User Content to The Vitamin Shoppe^®.

You should not send us any User Content that: you are legally prohibited from sharing or disclosing to us, contains product or service ideas that you intend to derive revenue from, or includes information you wish to remain confidential. You understand that your User Content may be made publicly available and The Vitamin Shoppe® is not responsible for any use or misuse (including any distribution) by any third party. IF YOU CHOOSE TO SUBMIT ANY PERSONAL INFORMATION THROUGH OR IN CONNECTION WITH THE SITES, YOU DO SO AT YOUR OWN RISK.

You represent and warrant that: (i) you own or otherwise control all the rights in any User Content you submit, and (ii) that the User Content is non-infringing and does not otherwise violate the rights of any person or entity. You will indemnify The Vitamin Shoppe^® for all claims resulting from User Content you submit to the Site.

As a user of the Sites, you are responsible for your communications and the consequences of their posting. Therefore, you agree to not do any of the following things on the Sites:

transmit to The Vitamin Shoppe® material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;


send material that reveals trade secrets, unless you own them or have the permission of the owner;


send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others


send material that is false or fraudulent;


send material that is unlawful, harmful, offensive threatening, abusive, defamatory, libelous, harassing, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically or otherwise objectionable;


send advertisements or solicitations of business;


send chain letters, pyramid schemes, political campaigning or spam; or
send material containing viruses or other malware; or impersonate another person.

The Vitamin Shoppe^® is under no obligation to post, forward, transmit, distribute or otherwise provide any material available through the Sites, including any User Content you provide to The Vitamin Shoppe^®; accordingly, The Vitamin Shoppe^® has an absolute right to remove any material available through the Sites in its sole discretion at any time. The Vitamin Shoppe^® reserves the right to expel users and prevent their further access to the Sites for violating these Terms or the law and reserves the right to remove any communications from the Sites.

THE VITAMIN SHOPPE^® MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED AS TO ANY USER CONTENT OR THE ACCURACY AND RELIABILITY OF THE USER CONTENT OR ANY OTHER MATERIAL OR INFORMATION THAT YOU MAY ACCESS THROUGH ANY OF THE SITES.

XVI. Use of The Vitamin Shoppe® Mobile Application

If you are using The Vitamin Shoppe^®’s mobile application (the “App”), you agree to use the App in accordance with this Agreement and any applicable third party terms, rules or agreements, such as those published by your third-party mobile phone or tablet operating system, wireless data service provider, or the third party from whom you are downloading the App using the App Store or Google Play, as applicable. You are responsible for reviewing the applicable App Store or Google Play terms and conditions and complying with such terms and conditions while using the App.

Without limitation of the foregoing, if you are downloading the App through the App Store for use on an Apple-branded product, the following terms apply:

Acknowledgment of Parties. This Agreement is made between you and The Vitamin Shoppe^®, and The Vitamin Shoppe^®, not Apple Inc. (“Apple”), is responsible for the App and the content thereof.


Scope of the License The license you have been granted in this Agreement is limited to a non-transferable license to use the App on any Apple-branded product that you own or control and as permitted by the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with your App Store account via Family Sharing or volume purchasing.


Maintenance and Support Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.


Warranty. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and, if applicable, Apple will refund the purchase price of the App to you. To the maximum extent permitted by applicable law, you agree that your recourse for warranty failure in connection with the App pursuant to this Agreement shall be through The Vitamin Shoppe^®, and Apple will have no other warranty obligation whatsoever with respect to the App, nor be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.


Product Claims. You agree that your recourse for product claims arising from the App shall be through The Vitamin Shoppe^®, and that Apple is not responsible for addressing any claims from you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.


Intellectual Property Rights. In the event of any third party claim that the App or your possession and use of the App infringes a third party's intellectual property rights, you agree that your recourse under this Agreement will be through The Vitamin Shoppe^® and that Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.


Legal Compliance You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.


Third Party Beneficiary. Apple and Apple's subsidiaries are third party beneficiaries of this Agreement and, upon your acceptance of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof; notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

XVII. Warranty Disclaimer

Your access to and use the Sites and any of its Materials is at your own risk.

THE VITAMIN SHOPPE^® DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES, MATERIALS OR ANY COMPUTER SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE SITES RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE VITAMIN SHOPPE® SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND THE VITAMIN SHOPPE® DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE VITAMIN SHOPPE® MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIALS, SOFTWARE, TEXT, GRAPHICS OR LINKS.

PRODUCT MANUFACTURERS MAY ALSO LIMIT THEIR REPRESENTATIONS AND WARRANTIES REGARDING THEIR PRODUCTS.

XVIII. Limitation of Liability

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL THE VITAMIN SHOPPE® BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, YOUR USE OR INABILITY TO USE ANY PART OF THE SITES, COMPUTER VIRUSES, PERSONAL INJURY OR PROPERTY DAMAGE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE VITAMIN SHOPPE® IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE VITAMIN SHOPPE®’S AGGREGATE LIABILITY TO YOU, DIRECT OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PRODUCTS OR SERVICES GIVING RISE TO SUCH LIABILITY. THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES IN THIS SECTION, IN WHICH CASE THE VITAMIN SHOPPE®’S LIABILITY FOR DAMAGES IN CONNECTION WITH THIS AGREEMENT IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.

THE PRECEDING PARAGRAPH DOES NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, THE VITAMIN SHOPPE® WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITES OR ANY MATERIALS ON THE SITES, UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF OUR NEGLIGENCE, RECKLESSNESS, FRAUD, OR INTENTIONAL MISCONDUCT.

XIX. Indemnification

By using the Sites, you agree to defend, indemnify and hold harmless The Vitamin Shoppe®, its affiliates and their respective officers, directors, employees, contractors and agents, from and against any and all losses, actions, claims, damages, fines, costs and expenses (including reasonable legal and accounting fees) arising from or related to your use of the Sites, including the Materials, or your breach of this Agreement. The Vitamin Shoppe® reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

XX. Dispute Resolution (Including Binding Arbitration, Class Action Waiver, and Jury Trial Waiver)

IT IS IMPORTANT THAT YOU READ THIS SECTION OF THE AGREEEMENT CAREFULLY. This Section XX of the Agreement shall be governed by and construed in accordance with the Federal Arbitration Act and applicable federal laws.

Arbitration Agreement

Any dispute or claim relating in any way to your use of any of the Sites, your participation in any SMS or text message program offered by The Vitamin Shoppe^®, your receipt of any communications from The Vitamin Shoppe^® (including, but not limited to, any text messages or emails), your participation in the Health Awards^® Program, Auto-Delivery Program, the Agreement or prior versions of the Agreement, or to any products or services sold or distributed by The Vitamin Shoppe^® or through any of the Sites, including claims and disputes that arose between us before the effective date of this Agreement, shall be resolved by binding arbitration, rather than in court, except that either of us may (a) assert claims in small claims court if the claims qualify, so long as the action remains in small claims court and is not removed or appealed to a court of general jurisdiction, or (b) bring suit in court to enjoin infringement or other misuse of intellectual property rights.

You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

Pre-Arbitration Notice and Informal Dispute Resolution. Before beginning an arbitration proceeding, either party must send a notice to the other party that describes the dispute. The notice must include the claimant’s name, address, telephone number, sufficient information to identify any transaction at issue, and a detailed description of (i) the dispute, (2) the nature and basis of the claims, and (iii) the nature and basis of the relief sought with a calculation for it. The notice must be personally signed by the party initiating the dispute (and counsel if represented). You must send the notice by mail to our registered agent, The Vitamin Shoppe® c/o CT Corporation, 820 Bear Tavern Road, West Trenton, NJ, 08628. If The Vitamin Shoppe® has a dispute with you, notice will be sent to the address or email address associated with your account or, if you do not have an account with us, to the address or email address you provided in connection with your transaction (if applicable) or your publicly available address or email address. After a fully completed notice is received, you and The Vitamin Shoppe^® agree to negotiate in good faith, including through an informal and individualized telephone conference if the party receiving the notice makes such a request. If such a request is made, you and a representative of The Vitamin Shoppe® must personally participate in the telephone conference (if the parties are represented by counsel, counsel may also participate). Absent an agreed extension, the parties shall work in good faith to schedule the informal telephonic dispute resolution conference within sixty (60) days of such notice, or within a reasonable amount of time to accommodate the number of requested conferences, whichever is later. All applicable limitations periods (including statutes of limitations) shall be tolled from the date of receipt of a completed notice through the conclusion of this informal dispute resolution process. Completion of this informal dispute resolution process is required before either party initiates a claim in arbitration. If the sufficiency of a notice or compliance with this mandatory informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction, and during such court proceeding any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. If the arbitration is already pending prior to the completion of the notice and informal dispute resolution procedure, the arbitration shall be administratively closed. Nothing in this Section limits the right of a party to seek damages or other relief in arbitration for noncompliance with this mandatory informal dispute resolution process.

Arbitration Procedures. If the parties cannot resolve a dispute through the informal dispute resolution process, either party may initiate arbitration by sending a demand to the other party that includes a statement of the legal claim being asserted and the factual basis for the claims, a description of the remedy being sought and an accurate, good-faith calculation of the amount in controversy. The party initiating arbitration must include in the demand a personally signed certification of compliance with the informal dispute resolution process.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer Related Disputes, if applicable, as modified by this Agreement. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the applicable AAA rules. The Vitamin Shoppe® will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. If the arbitrator determines that a hearing is necessary, the hearing shall be conducted remotely by telephone or video conference. If the arbitrator determines that an in-person hearing is necessary, the hearing will take place in the United States county where you live or work or such other location agreed upon by both Parties.

Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any dispute, including, without limitation, disputes arising out of or related to the interpretation or application of this arbitration agreement, including the enforceability, revocability, scope, or validity of the arbitration agreement or any portion of it, except for the following: (1) all disputes arising out of or relating to the paragraph entitled “Class Action Waiver,” including any claim that that same paragraph is unenforceable, illegal, void or voidable, or that it has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) all disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (3) disputes about which version of this Arbitration Agreement applies may be decided by a court of competent jurisdiction and not by an arbitrator.

Time Limit for Claims. You agree that any dispute that you have with The Vitamin Shoppe^® subject to this arbitration agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred, and that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

Future Changes to Arbitration Agreement. If we make any future material changes to this Arbitration Agreement (other than a change to our contact information), you may reject any such change by sending a personally signed, written notice to the following address within 30 days of such change becoming effective with a clear statement describing the changes to the Arbitration Agreement that you wish to opt out: The Vitamin Shoppe c/o CT Corporation, 820 Bear Tavern Road, West Trenton, NJ, 08628. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and The Vitamin Shoppe in accordance with this version of the Arbitration Agreement.

Class Action Waiver; Jury Trial Waiver

Class Action Waiver. We each agree that any proceeding, whether in arbitration or litigation, will be conducted only on an individual basis and not on a class, representative, or collective basis, and any arbitrator hearing a claim may not: (i) combine more than one individual’s claim or claims into a single case; (ii) order, require, participate in or facilitate production of class-wide contact information or notification of others of potential claims; or (iii) arbitrate any form of a class, collective, or representative proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. Notwithstanding anything to the contrary in this Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and we agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in court, after all other claims and requests for relief are arbitrated.

Jury Trial Waiver. If for any reason a claim proceeds in court rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

XXI. Governing Law and Jurisdiction

This Agreement will be governed by the laws of the State of New Jersey, without regard to its conflict of law principles, except to the extent that the Federal Arbitration Act governs the Arbitration Agreement in Section XX (Dispute Resolution) above. To the extent that a Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in New Jersey (except for small claims court actions which may be brought in the county where you reside).

XXII. Severability; Interpretation

Except as provided in the paragraph entitled “Class Action Waiver” above, if any provision of this Agreement is deemed illegal or unenforceable, the remainder of this Agreement shall continue to be fully valid, binding, and enforceable. When used in this Agreement, the term "including" shall be deemed to be followed by the words "without limitation."

However, notwithstanding the preceding paragraph or any other provisions in these Terms, if the Class Waiver is found to be void or unenforceable as to a Dispute brought in arbitration, the Dispute shall proceed and be resolved in court and NOT by arbitration.

XXIII. Entire Agreement

This Agreement constitutes the entire and only Agreement between The Vitamin Shoppe^® and each user of any of the Sites with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.

XXIV. Miscellaneous

The failure of The Vitamin Shoppe^® to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit The Vitamin Shoppe®’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

XXV. Digital Millenium Copyright Act (“DMCA”) Infringement Notice

We respect the intellectual property rights of others and require that users of any of the Sites do the same. If you believe that your proprietary work (or the work of a person on whose behalf you are authorized to act) has been copied in a way that constitutes copyright infringement, please forward the following information to The Vitamin Shoppe^®'s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

1. A physical signature of the person authorized to act on behalf of the owner of the copyright;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of the material appearing in the Sites (including where the material that you claim is infringing is located on the Sites);
4. Your address, your telephone number, and your email or physical address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent:
The Vitamin Shoppe
300 Harmon Meadow Blvd.
Secaucus, NJ 07094
Attn: Copyright Agent
click here to contact us

XXVI. Contact Information

If you have any comments or questions regarding this Agreement, or wish to report any violation of this Agreement, please contact us. We will address any issue to the best of our abilities as soon as possible.

Telephone:(866) 293-3367.

©2026 The Vitamin Shoppe^®. All rights reserved.