PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Blue Sky Vitamin, LLC. The collective work includes works that are licensed to Blue Sky Vitamin, LLC, 160 83rd Ave. NE, Fridley, MN 55432. Copyright 2021, Blue Sky Vitamin, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Blue Sky Vitamin, LLC or purchasing Blue Sky Vitamin, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Blue Sky Vitamin, LLC or to purchase Blue Sky Vitamin, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Blue Sky Vitamin, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Blue Sky Vitamin, LLC used in the site are trademarks or registered trademarks of Blue Sky Vitamin, LLC.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Blue Sky Vitamin, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Blue Sky Vitamin, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Blue Sky Vitamin, LLC does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Blue Sky Vitamin, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Blue Sky Vitamin, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Blue Sky Vitamin, LLC product is mistakenly listed at an incorrect price, Blue Sky Vitamin, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Blue Sky Vitamin, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Blue Sky Vitamin, LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Termination Policy
These terms and conditions are applicable to you upon accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Blue Sky Vitamin, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Resale Policy
The resale of any of our products is strictly prohibited. Any violator is subject to immediate and permanent suspension of purchasing privileges from our Site, and may be subject to additional legal action.
Notice
Blue Sky Vitamin, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Blue Sky Vitamin, LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Minnesota, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Blue Sky Vitamin, LLC products) shall be in the state or federal courts located in Hennepin County, Minnesota. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Blue Sky Vitamin, LLC products) must be commenced within one (1) year after the claim or cause of action arises. Blue Sky Vitamin, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Blue Sky Vitamin, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Blue Sky Vitamin, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Blue Sky Vitamin, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Blue Sky Vitamin, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Blue Sky Vitamin, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Blue Sky Vitamin, LLC in its sole discretion.
Text Marketing & Notifications
Last updated: April 8, 2024
By consenting to blueskyvitamin.com’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us here for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
Indemnification
You agree to indemnify, defend, and hold harmless Blue Sky Vitamin, LLC, its officers, directors, employees, agents, licencors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Blue Sky Vitamin, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Blue Sky Vitamin, LLC, Blue Sky Vitamin, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Blue Sky Vitamin, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Blue Sky Vitamin, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Return Policy
To see our return policy, please Click Here.
Standard Process Terms
Terms Related to Standard Process Products
Use of API. Customer acknowledges that this site utilizes an application provider
interface (“API”) furnished by Standard Process Inc. (“SP”) to populate the site with certain information regarding SP nutritional supplements and related products (“SP Products”) that may be displayed and made available for purchase through the site from time to time. The API also may be used to send to SP information regarding customer use of and placement of orders through the site to facilitate SP’s fulfillment of those orders and to support the ongoing operation, maintenance, and improvement of the API as well as other business purposes permitted by law.
Ownership; Restrictions. SP retains all right, title, interest, and ownership in and to the API as well as all SP trademarks, service marks, trade names, branding, logos, content, information and other materials made available by SP through this site (collectively, “SP Materials”). Customer may only use SP Materials while visiting this site to purchase SP Products and for no other purposes whatsoever. Without limiting the foregoing, Customer may not (a) copy, modify, change, alter, enhance, or create derivative works of the SP Materials; (b) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of any SP Materials; (c) remove any proprietary notices from SP Materials; or (d) use the SP Materials in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates applicable law.
Use of SP Products. SP Products are made available for purchase subject to restrictions generally set forth in the SP Terms of Sale, a copy of which can be found at the following link https://my.standardprocess.com/Policy/Terms-of-Sale/Online-Store. In addition to the Terms of Sale, Customer acknowledges and agrees that (a) Customer is prohibited from reselling or promoting SP Products to third parties, (b) Customer is encouraged to consult with a qualified healthcare practitioner in selecting, ordering and using SP Products, (c) SP Products are not intended to diagnose, treat, cure or prevent disease, and that SP does not provide health care advice or recommendations regarding individual health status, (d) Customer must read all information on SP Products that it is using, and (e) SP Products are for personal use only.
Privacy. Information obtained by SP relating to Customer, Customer’s use of the site or order of SP Products will be maintained in accordance with the SP Privacy Policy, a copy of which is available at the following link https://www.standardprocess.com/about-us/our-company/policies/privacy-policy.
Disclaimer of Warranties. SP MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY, AND SP DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE INCLUDING, WITHOUT LIMIT, ALL IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
Limit Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SP BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT OR THE SP MATERIALS WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE OR SP WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.