The following are the terms and conditions applicable to TriVita Inc. Gift of Wellness Gift Cards.

1. Redemption.
   1. Premier Membership and VitaPoints
      1. VitaPoints cannot be applied against shipping, handling or taxes.
      2. VitaPoints cannot be converted to cash value and are non-transferable.
      3. VitaPoints can be used in conjunction with other discounted specials and with auto-delivery.
      4. VitaPoints will expire 12 months after they have been redeemed from the Gift Card. Standard VitaPoints over 12 months will be voided, but TriVita reserves the right to modify the program with either shorter or longer active periods.
      5. VitaPoints are available to be earned by accounts in the U.S., and Canada against orders from those countries. A point is equivalent to the smallest base unit in each currency and is stored on the member’s account in point equivalent of standard currency of that account. Members with a default billing address of Canada are considered to have CAD as the standard currency and the base unit being a penny (1 point = 1 CAD penny). Members with a default billing address of the US are considered to have USD as the standard currency and the base unit being a penny (1 point = 1 USD penny). Future expansion to other countries will likewise have their points stored in the base unit of the local currency (eg 1 point = 1 baht in Thailand / 1 point = sen or ringgit in Malaysia.)
      6. VitaPoints may be earned and redeemed “cross-currency”. For example, referral VitaPoints (see below) may be earned on orders from referred accounts placing orders in currencies other than the base currency of the referring account. Likewise, there may be situations where an account with a VitaPoint balance in one currency wishes to redeem it for product in another currency (CAN account wishes to purchase from the Canadian personal use store.) In both cases the points are calculated using the active conversion rate on file at the order date of the transaction. Point values are fixed.
      7. In the case of returned products; the VitaPoint value of the returned product will be automatically removed from the earning account. If those VitaPoints have already been consumed then the account may maintain a negative balance. Note: negative balances do not expire and may be cleared by additional earning for the referring member or through payment from the member.
      8. Accounts may earn up to 60,000 in Referral VitaPoints (USD equivalent) in any calendar year. Referral VitaPoints over 60,000 are forfeited but recorded for reporting and other purposes. Loyalty points are not limited and therefore accounts may earn more than 60,000 total VitaPoints in any calendar year. NOTE: This rule will be more generally applied by specifying that programs which are the result of the earning member providing some service to TriVita in exchange for the points (ie referral or other marketing) will have the 60,000 total point limit applied for points earned across all programs. 60,000 point limit will apply to all countries but may vary in the future by country.
      9. TriVita may run VitaPoint promotions outside of the two programs described below. Examples might be: special VitaPoint multipliers for specific products or purchase methods, VitaPoints for appeasement, VitaPoints for posting to Facebook, VitaPoints for Wellness Center activities, VitaPoints for event attendance etc. Points will increment a single VitaPoint balance but will be recorded separately in the point register for reporting. TriVita Inc. Gift of Wellness Gift Cards (“Gift Cards”) may only be redeemed toward the purchase of eligible goods and services provided by TriVita Inc. and its affiliates on www.TriVita.com, excluding handling, shipping and taxes. Purchases are deducted from the redeemer’s Gift Card balance and converted into VitaPoints. Any unused Gift Card balance will be placed in the redeemer’s TriVita.com account as VitaPoints. If a purchase exceeds the redeemer’s Gift Card balance, the remaining amount must be paid with another payment method. To view your VitaPoints balance, visit Your Account on MyAccount.TriVita.com. No fees apply to Gift Cards.
2. Limitations.
   1. Gift Cards cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Unused Gift Card balances in an TriVita account may not be transferred to another TriVita account. Gift cards cannot be redeemed for cash.
3. Risk of Loss.
   1. The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.
4. Fraud.
   1. We will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on TriVita.com or any of its affiliated websites set forth above.
5. Limitation of Liability.
   1. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
6. Disputes.
   1. Any dispute or claim relating in any way to Gift Cards will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
   2. 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 these Gift Card terms and conditions as a court would.
   3. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent WATLAND & ALLEN PLLC 393 E Palm Ln, Phoenix, AZ 85004. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. 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 AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not to seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
   4. We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
7. General Terms.
   1. We reserve the right to change these terms and conditions from time to time in our discretion. All terms and conditions are applicable to the extent permitted by law.