By submitting a testimonial form, you represent that you’re over the age of 18 years old and that you are the owner of any intellectual property contained in or comprising your photo, testimonial, name and/or that you have the express permission or a license to use the intellectual property contained in or comprising your photos, images and testimonials, which include your “Story” and “Results” (“Submissions”).
You understand that Vitamix Smoothies™, LLC (“Vitamix Smoothies”) may use your name and/or Submissions in and on the Vitamix Smoothies™ website, blog and other social media properties (such as Instagram + Facebook). Your Submissions may also be used in brochures, flyers, packaging, courses, programs, published books, eBooks, and in other informational, advertising and promotional material used in connection with Vitamix Smoothies™, its products and/or its services.
You hereby authorize Vitamix Smoothies™ to use your Submissions without any form of compensation or consideration for such use and without any geographic, temporal, or other restrictions on such use.
Further, you hereby release Vitamix Smoothies™ and its successors, assigns, and representatives, from any and all liability, action, cause of action, or proceedings of any kind whatsoever arising directly or indirectly from or in connection with the provision of your Submissions to Vitamix Smoothies™ for the uses and purposes described herein.
Please see the “opt-in/opt-out” selection in Section 3 of this policy.
Other Information: Every computer has an IP (Internet Protocol) address. IP addresses of computers used to visit this site are noted. In addition, we automatically collect other information such as email addresses, browser types, operating systems, and the URL addresses of sites clicked to and from this site.
Information from Other Sources. We might receive information about you from other sources and add it to our account information. This may include updated delivery and address information from our shippers or other sources so that we can correct our records and deliver your next purchase or communication more easily.
Vitamix Smoothies™ owns the content on the Site, including, but not limited to content, products, services, text, photographs, illustrations, images, designs, graphics, files, information, instructions, recipes, printable, downloadable publications, sounds, music, videos, advertising copy, website layout and website “look and feel,” design, functions and software (collectively, “Content”), any and all derivative works or enhancements of the Content, the compilation, assembly and arrangement of the copyrightable material on the Site, and all intellectual property rights to the Content, including derivative works, enhancements, compilations, assembly and arrangements of the same, unless otherwise expressly stated on the Site. By accessing or using the Site and/or Content, you do not acquire any right, title or interest in the Site or the Content.
You may not copy, distribute, publicly perform, publicly display, digitally perform, or create derivative works from any copyrighted work available or accessible on the Site without our express permission.
ACCESS AND USE
If you purchase downloadable Content or access free downloadable Content from the Site, your access and use to such material is limited to personal, non-exclusive, non-commercial, non-assignable, non-transferrable use only.
Vitamix Smoothies™ is a website dedicated to sharing our love for an unprocessed, whole food lifestyle that includes green smoothies as a diet staple. We love green smoothies and enjoy living like a Rockstar, and hope you do, too. But Vitamix Smoothies™ is not a medical organization and we are not health professionals. The Site and the Content we provide on the Site is not, and is not intended to be, medical advice, and we do not provide medical diagnoses of or treatments for health conditions. You should seek the advice of a physician if you have questions about whether green smoothies or a cleanse program is suitable for you and before you begin any new diet regimen. It is your responsibility to research the accuracy and usefulness of the opinions we provide on the Site.
The Site is not intended for children or minors. Our cleanse programs are not intended for pregnant or nursing women. Consult your healthcare professional if you have a health condition, or are pregnant or nursing, prior to beginning any new diet regimen, including joining any of our green smoothie challenges or cleanse programs.
The products and information on this Site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease.
LINKS TO THIRD PARTY WEBSITES
We sometimes provide links to third party websites on our Site. If you choose to click on a third-party website link on our Site, you acknowledge and agree that Vitamix Smoothies™ has no control over or responsibility for the information, content, products, services, advertising or information collection practices of the third-party site(s). We do not make any representations or warranties regarding the accuracy, security or legal or regulatory compliance of third-party websites and you agree to assume the risks, responsibilities, and consequences resulting from your use or access of third-party websites.
CALIFORNIA CONSUMER RIGHTS NOTICE
California users of the Site are entitled to the following consumer rights notice pursuant to California Civil Code Section 1789.3:
If you have a question or complaint about Vitamix Smoothies™, our products, or our Site, please contact us e-mail at firstname.lastname@example.org You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer affairs via telephone at (800) 952-5210 or (916) 445-1254 or via mail to Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
LIMITATION OF LIABILITY