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. The units sold on vitamix.com are not for resale. Purchasing for resale may void product warranties. 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 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. 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.
Terms Applicable To User-Generated Content on Social Media and Other Digital Channels
- General. Vita-Mix Management Corporation (together with its affiliates, “Vitamix”) may now or in the future request consent, permission, or agreement (“Permission”) from users on social media platforms or otherwise to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on its social media channels, www.vitamix.com, or other digital properties or channels, all or a portion of certain messages, avatars, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials and ideas contained therein that have been posted or otherwise shared by such users through social media or otherwise (collectively, but excluding any Vitamix-owned or licensed intellectual property included therein, “User Content”). These terms and conditions (these “Terms”) shall apply to all such Permissions and User Content for which Permission is granted. Each time you grant Permission with respect to any User Content, you agree to these Terms in their entirety with respect to such User Content. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User Content.
- License to Vitamix of Your User Content. Except as otherwise described in any applicable Additional Terms, by granting Permission with respect to any User Content, you hereby grant to Vitamix, and you agree to grant to Vitamix, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of such User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine the same with other materials, and (b) use the User Content and any ideas, concepts, know-how, or techniques contained therein for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to Vitamix to such User Content, you also hereby grant to Vitamix, and agree to grant to Vitamix, the unconditional, perpetual, irrevocable right to use and exploit your name, username, persona, and likeness in connection with any such User Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any such User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, royalties, consideration, or remuneration for any of the rights granted pursuant to these Terms or any Additional Terms.
- Vitamix’s Exclusive Right to Manage our Venue. Vitamix is under no obligation to use any User Content for which you have granted Permission. Vitamix may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any User Content on any of its social media channels, www.vitamix.com, or other digital properties or channels, and Vitamix may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User Content without notice or any liability to you or any third party in connection with our operation of or participation in User Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms. Vitamix is under no obligation to return or preserve any User Content.
- Representations and Warranties Related to Your User Content. Each time you grant Permission with respect to any User Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any such User Content, and that, as to that User Content: (a) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to grant Vitamix the rights to it that you are granting by these Terms and any Additional Terms; (b) the User Content is accurate; (c) the User Content does not and, as to Vitamix’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; (d) the User Content will not violate these Terms or any Additional Terms, or cause injury or harm to any person; (e) our use of the User Content does not require any payment to any person or entity and does not violate the rights of nor require the license, authorization, approval, or consent by any other person or entity; and (f) you have not received any compensation of any kind for the User Content, unless properly disclosed pursuant to FTC guidelines.
- Enforcement. Vitamix has no obligation to monitor or enforce your intellectual property rights to your User Content, but you grant us the right to protect and enforce our rights to any User Content for which you have granted Permission, including by bringing and controlling actions in your name and on your behalf (at Vitamix’s cost and expense, to which you hereby consent and irrevocably appoint Vitamix as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest). You acknowledge and agree that you do not acquire any ownership or other rights in the intellectual property or other information and materials of Vitamix.
- Rights of Others. Vitamix respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of User Content without your Permission, then please contact Vitamix at Legal@vitamix.com or (800) 848-2649.
- Updates to Terms. Vitamix reserves the right to modify these Terms at any time without advance notice. Therefore, you should review the posted Terms and any applicable Additional Terms each time you grant Permission for any User Content. The revised Terms will be effective as to new Permissions as of the time that we post them, or such later date as may be specified. However, the Terms (and any applicable Additional Terms) that applied at the time of pervious Permissions will continue to apply to such prior Permissions unless mutually agreed.
- Limitation of Liability; Indemnification. To the extent permitted by law, Vitamix shall not be liable in any way in connection with any User Content. You shall be liable for and shall indemnify Vitamix against any and all claims, actions, liabilities, losses, damages, expenses (including reasonable legal expenses) incurred by Vitamix which arise directly from a breach by you of your obligations, representations, or warranties under these Terms.
- Miscellaneous. These Terms are personal to you and may not be assigned or transferred by you for any reason whatsoever without Vitamix’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect. No provision of these Terms shall be waived unless such waiver is in writing, and a waiver of any breach or failure to comply with these Terms shall not be construed as or constitute a continuing waiver of such provision or of any other breach or failure to comply. If any provision of these Terms shall be held unenforceable, invalid or void to any extent for any reason, such provision shall remain in full force and effect to the maximum extent allowable, if any, and the enforceability or validity of the remaining provisions of these Terms shall not be affected thereby. This Agreement shall be governed by and construed under the laws of the State of Ohio applicable to contracts executed and performed entirely within the State of Ohio, without regard to the choice of law provisions thereof. You submit to the exclusive jurisdiction of federal and state courts located in Cuyahoga County, Ohio for any actions, suits or proceedings arising out of or relating to this Agreement. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU WANT TO ASSERT A DISPUTE AGAINST VITAMIX, THEN YOU MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.