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, the Terms and Conditions.
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 Australian 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. Vitamix also reserves the right to limit quantity available for purchase of any product at any time without notice. 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 for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.
- 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, 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.
- 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.
- 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.