|
VITA-MIX CORPORATION
(U.S. and Canada)
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
(COMMERCIAL)
Vita-Mix Corporation (“Vita-Mix”) 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 Vita-Mix’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, these
Terms of Use.
Terms
and Conditions
- Site Use and Protections.
Vita-Mix 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 Vita-Mix. Vita-Mix shall retain
the exclusive right, title and interest in and to any material you see, read,
experience or download from this Site. Vita-Mix 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
Vita-Mix.
- Disclaimer
of Accuracy; Changes to Site. While Vita-Mix uses reasonable efforts to
include accurate and up-to-date information on this Site, Vita-Mix makes no
warranties or representations as to its accuracy. Vita-Mix assumes no liability
or responsibility for any errors or omissions in the content on this Site.
Vita-Mix 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.
- 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. Vita-Mix 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, Vita-Mix will notify you and
will wait for your final approval of the corrected pricing before completing
your order.
- Disclaimer
or Use; Limitation of Liability. Your use and browsing of this Site
is at your risk. Neither Vita-Mix 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.
Vita-Mix 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.
- 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 Vita-Mix. 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 Vita-Mix, shall remain the exclusive property
of Vita-Mix and may be used anywhere and in any medium, without compensation to
you, by Vita-Mix or its affiliates, for any purpose, including but not limited
to reproduction, disclosure, transmission, publication, broadcast, licensing
and posting. Furthermore, Vita-Mix 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.
- Copyright
Protection and Enforcement. Images of people, places or things displayed
on this Site are either the property of, or used with permission by, Vita-Mix.
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.
- 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 Vita-Mix 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 Vita-Mix. 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 Vita-Mix 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 Vita-Mix will aggressively enforce its intellectual
property rights to the fullest extent of the law, including the seeking of
criminal prosecution.
- Third-Party,
Off-Site Links. Vita-Mix 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 Vita-Mix 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.
- Prohibited
Uses and Content. Although Vita-Mix may from time to time monitor or
review discussions, chats, postings, transmissions, bulletin boards, and
the like on this Site, Vita-Mix 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. Vita-Mix will fully cooperate with any law enforcement
authorities or court order requesting or directing Vita-Mix 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.
- 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 Vita-Mix 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) Vita-Mix 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.
- Indemnification. You
agree to indemnify, defend and hold harmless Vita-Mix 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.
- U.S.
Law. Vita-Mix controls and operates this Site from its headquarters in
Cleveland, Ohio, in the United States of America. Vita-Mix in no way implies
that the materials on this Site are appropriate or available for use outside of
the United States. If you use this Site from locations outside of the United
States, you are responsible for compliance with any applicable local laws. In
addition, you may not use or export the materials or products available from
this Site in violation of U.S. export laws and regulations.
- Governing
Law. These Terms of Use are governed by the laws of the State of Ohio
without regard to the choice of laws or conflict of laws or principles thereof.
Vita-Mix Corporation
Registered and Unregistered
Trademarks Held by Vita-Mix Corporation:
|
Vita-Mix® |
|
Whole Food Machine® |
|
|
Harvest Savor™ |
|
Barboss® |
|
|
Vita-Vac® |
|
Blending Station® |
|
|
Vita-Mix® Drink Machine™ |
|
Vita-Prep® |
|
|
Total Nutrition Center® |
|
Turboblend® |
|
|
Total Juicer™ |
|
Portion Blending System® (PBS) |
|
|
Vita-Pro® |
|
Touch & Go® |
|
|
Vita™ |
|
Rinse-O-Matic® |
|
|
The Blending Experts® |
|
It’s Not A Blender – It’s A
Vita-Mix!® |
|
|
It’s Not Just A Blender™ |
|
It’s More Than A Blender™ |
|
|
Mix’N Machine™ |
|
Serious Products for Serious
Blending® |
|
|
XL™ |
|
The Professional Chef’s Power Tool™ |
|
|
Configuration of a Blender Base® |
|
Configuration of a Blending
Container® |
|
|