For
your protection, we would like to inform you of the terms and conditions of
using our website (the "Terms of Use"). We reserve the right to
update or change the Terms of Use at any time and for any reason. By using our
site, you agree to be bound by these Terms of Use and any subsequent revisions
to the Terms of Use. The date of the last update to these Terms of Use is
stated at the bottom of this page.
For your protection, and because we value your privacy, we recommend you read our Privacy Policy. It is understood that information transmitted over the internet is never completely secure and unless you receive an encryption message or notice, such information may be intercepted by others. A link to our Privacy Policy is located at the bottom of this page.
TERMS OF USE for VITAMIX.COM
Vitamix Corporation (“Vitamix”) maintains this site (the “Site”) so that you
can shop for our products and for your personal entertainment, information,
education and communication. Please feel free to browse this Site. You may
download material displayed on this Site for non-commercial,
personal use only, provided you also retain the copyright and other proprietary
notices contained on the materials. You may not, however, distribute, modify,
broadcast, transmit, reuse, report, or otherwise use the contents of this Site
for public or commercial purposes, or copy or post the material displayed on
this Site on any network computer or server, including the text, images, audio,
and video without Vitamix’s written permission.
Your access and use of this Site is also subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and Vitamix are superseded and of no force or effect.
Terms and Conditions
1.
Site Use and Protections. Vitamix grants you a non-exclusive,
non-transferable, non-assignable limited right to use the contents of this Site
for your personal use. Any unauthorized
use of this Site will terminate your limited right immediately and you will be
responsible for any violation of law, including any trademark, trade name or copyright
laws that may result. You should assume that everything you see or read on this
Site is copyright protected unless otherwise noted and may not be used except
as provided in these Terms and Conditions or in the text on this Site without
the express written permission of Vitamix.
Vitamix shall retain the exclusive right, title and interest in and to
any material you see, read, experience or download from this Site. Vitamix does not represent or warrant to you
that your use of materials displayed on this Site will not infringe the rights
of other third parties who are not owned by or otherwise affiliated with
Vitamix.
2. Disclaimer of Accuracy; Changes to
Site. While Vitamix uses reasonable
efforts to include accurate and up-to-date information
on this Site, Vitamix makes no warranties or representations as to its
accuracy. Vitamix assumes no liability or responsibility for any errors or
omissions in the content on this Site.
Vitamix reserves the right to update and revise these Terms and Conditions
or make changes to these web pages at any time without notice. You are bound by any such revisions and
changes and should therefore periodically visit this page to review the then
current Terms and Conditions to which you are bound. Your continued use of this
Site shall be your unqualified acceptance of any such revisions, changes or any
new information provided therein.
3.
Products and Product
Information. Prices posted on this
Site are quoted in U.S. dollars only.
In addition, there may be errors or inaccuracies on this Site relating
to products, product descriptions, pricing, terms and conditions of sale,
shipping and delivery time or product availability. Vitamix reserves the right to change,
correct or update such product information at any
time, even after you have placed your order.
In the event of a product pricing error, Vitamix will notify you and
will wait for your final approval of the corrected pricing before completing
your order.
4. Disclaimer or Use; Limitation of Liability. Your use and browsing of this Site is at your risk. Neither Vitamix nor any other party involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, use of or inability to use this Site. Without limiting the foregoing, everything on this Site is provided to you “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Vitamix shall not be responsible or liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video, or audio from this Site.
5. User Provided Information and Communication. You should not send confidential or protected information or creative materials to us via this Site that you do not want to become the exclusive property of Vitamix. Any communication or material you transmit or post to this Site, including any data, questions, comments, notes, suggestions, or the like is, and will be treated as, non-confidential, non-proprietary and unprotected information. Anything you transmit or post to this Site shall be deemed to have been assigned to Vitamix, shall remain the exclusive property of Vitamix and may be used anywhere and in any medium, without compensation to you, by Vitamix or its affiliates, for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, licensing and posting. Furthermore, Vitamix is free to use, without compensation to you, any ideas, concepts, know-how, techniques or other intellectual property contained in any communication you send to this Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.
6. Copyright Protection and Enforcement. Images of people, places or things displayed on this Site are either the property of, or used with permission by, Vitamix. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or by other specific permission provided elsewhere on this Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
7.
Trademark; Service Mark and
Trade Name Protection and Enforcement.
The trademarks, logos, and service marks (collectively the “Trademarks”)
displayed on this Site, including those listed below are registered and
unregistered Trademarks of Vitamix and others. In addition, page headers,
graphics, icons and scripts are service marks and protected intellectual
property of the Company and may not be copied, used or imitated without prior
written consent of Vitamix. Nothing
contained on this Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any Trademark displayed on
this Site without the express written permission of Vitamix or such third
party that may own the Trademarks displayed on this Site. Your misuse of the
Trademarks displayed on this Site, or any other content on this Site is
strictly prohibited. You are also advised that Vitamix will aggressively
enforce its intellectual property rights to the fullest extent of the law,
including the seeking of criminal prosecution.
8. Third-Party, Off-Site Links. Vitamix has not reviewed all of the sites linked to this Site and is not responsible for the contents of any off-site pages or any other sites linked to this Site. Your linking to any other off-site pages or other sites is at your own risk. Inclusion of these links into this Site does not imply an affiliation or partnership between Vitamix and the off-site third party. Any questions or concerns you have about the content or services of any off-site page should be directed to the owner of the off-site pages. These Terms of Use to do apply once you have left this Site. You should review the terms and conditions of any off-site page you enter.
9. Prohibited Uses and Content. Although Vitamix may from time to time
monitor or review discussions, chats, postings, transmissions, bulletin boards,
and the like on this Site, Vitamix is under no obligation to do so and assumes
no responsibility or liability arising from the content of any such locations
nor for any error, defamation, libel, slander, omission, falsehood, obscenity,
pornography, profanity, danger, or inaccuracy contained in any information
contained within such locations on this Site. You are prohibited from posting
or transmitting any unlawful, threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, or profane material or any material
that could constitute or encourage conduct that would be considered a criminal
offense; give rise to civil liability; otherwise violate any law; interfere
with anyone else’s use or privacy; or contain any false, deceptive or
misleading statements. Vitamix will fully cooperate with any law enforcement
authorities or court order requesting or directing Vitamix to disclose the
identity of anyone posting any such information or material(s) and may remove,
edit or otherwise change any such material(s) posted.
10. Your Account. As a condition to your continued access to
and use of this Site, you agree: (a) you
will protect your username and password; (b) you will assume full
responsibility and liability for all Site activity under your account; (c) the
Vitamix products for sale on this Site are for purchase by adults ages 18 and
over; (d) by using this Site you hereby represent and warrant that you are 18
years old or over; and (e) Vitamix reserves the right and you hereby
acknowledge its right to cancel your account or block or otherwise prevent your
future access to or use of this Site.
11.
Indemnification. You agree to indemnify, defend and hold
harmless Vitamix and all of its officers, directors, shareholders, employees,
agents and other representatives (collectively, the “Indemnitees”) from and
against any and all liability, loss or cost (including attorneys’ fees)
incurred by the Indemnitees arising out of, or related to any breach by you of,
these Terms of Use.
12.
13. Governing Law. These Terms of Use are governed by the laws
of the State of
Vitamix
Corporation
Registered and Unregistered Trademarks Held by Vitamix Corporation:
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Vitamix® |
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Whole Food Machine® |
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Harvest Savor™ |
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Barboss® |
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Vita-Vac® |
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Blending Station® |
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Vitamixin's™ |
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Vita-Prep® |
|
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Total Nutrition Center® |
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Turboblend® |
|
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Total Juicer™ |
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Portion Blending System® (PBS) |
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Vita-Pro® |
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Touch & Go® |
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Vitapress™ |
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Rinse-O-Matic® |
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The
Blending Experts® |
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It’s
Not A Blender – It’s A Vitamix!® |
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It’s
Not Just A Blender™ |
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It’s
More Than Just A Blender™ |
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Mix’N
Machine™ |
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Frozen
Treat Mixer™ |
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The
Entertainer™ |
|
Vita™ |
|
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Vitamix® Drink Machine™ |
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Serious Products for Serious Blending® |
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©2003 Vitamix Corporation. All rights reserved. Last Update: January 24, 2008