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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.

TERMS OF USE for VITAMIX.COM


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 the Site. You may download material displayed on the 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, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, including the text, images, audio, and video without Vita-Mix’s written permission.

Your access and use of the Site is also subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and Vita-Mix are superseded and of no force or effect.

Terms and Conditions

You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Vita-Mix. Vita-Mix neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Vita-Mix.

While Vita-Mix uses reasonable efforts to include accurate and up-to-date information on the 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 the Site. Changes may be periodically made to these web pages and these changes may be incorporated without notice.

Your use and browsing of the Site is at your risk. Neither Vita-Mix nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE 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 also assumes no responsibility, and shall not be 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 the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used, without compensation to you, by Vita-Mix or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Vita-Mix is free to use, without compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.

Images of people or places displayed on the 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 specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, including those listed below are registered and unregistered Trademarks of Vita-Mix and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Vita-Mix or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, 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.

Vita-Mix has not reviewed all of the sites linked to the Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.

Although Vita-Mix may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the 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 the 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, or otherwise violate any law. 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 materials.

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 in violation of U.S. export laws and regulations.

Vita-Mix may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

Vita-Mix Corporation

Registered and Unregistered Trademarks Held by Vita-Mix Corporation:

Vita-Mix®
Whole Food Machine™
 
Harvest Savor™
The Entertainer™
 
Vita-Vac™
Blending Station™
 
Vita-Mixin's™
Vita-Prep™
 
Total Nutrition Center™
Turboblend™
 
Total Juicer™
Portion Blending System™ (PBS)
 
Vita-Pro™
Touch & Go™
 
Vita-Mix® Drink Machine™

©2003 Vita-Mix Corporation. All rights reserved.Last Update: December 17, 2002

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