Terms of Use
Terms of Use
Your access to and use of the Vitamix Smoothies™ website accessible at https://vitamixsmoothies.com (“Site”) is governed by the terms and conditions of this terms of use agreement (“Terms of Use” or “TOU”). By accessing or using the Site, you accept and agree to be bound by the Terms of Use, which may change from time to time. If you do not agree to the Terms of Use, you should not access or use our Site. If you do not comply with the Terms of Use, we reserve the right to terminate your password, user account, and/or access to this Site or any part thereof.
TESTIMONIALS
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.
Cookies. Like many websites, we use “cookies”. Cookies are small programs that we transfer to your hard drive that allow us to recognize you and to provide you with a customized shopping experience. If you do not want us to use cookies, you can easily disable them by going to the toolbar of your web browser, and clicking on the “help” button. Follow the instructions that will prevent the browser from accepting cookies, or set the browser to inform you when you receive a new cookie. In addition, you may visit this and other websites anonymously through the use of utilities provided by other private companies.
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.
INTELLECTUAL PROPERTY
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.
Nothing in the Terms of Use shall be construed as granting any license or right to use Vitamix Smoothies™ trademarks, service marks, logos, slogans or taglines displayed on the Site.
ACCESS AND USE
Your use of the Site is intended for personal, non-commercial use only. In accessing or using the site, you agree to comply with all applicable federal, state, and local laws. Except as expressly permitted by the Terms of Use or any other applicable Vitamix Smoothies™ agreement or terms, you agree that you will not use, reproduce, distribute, publicly display, publicly perform, publish, transmit, create derivative works from, or otherwise unlawfully use Vitamix Smoothies™’ Content.
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.
HEALTH DISCLAIMER
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.
PRIVACY
We are committed to protecting your privacy and security. Please read our Privacy Policy, which is incorporated into the Terms of Use by reference.
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 info@vitamixsmoothies.com 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
You agree that your access and/or use of the site and/or its content is at your own risk. You agree that simple green smoothies and its officers, directors, employees, parents, partners, successors, agents and affiliates will not be liable for any indirect, incidental, consequential or special damages in connection with these terms of use, the site, the site content, or vitamix smoothies™’ products, regardless whether such damages were foreseeable. In no event shall the cumulative liability of vitamix smoothies™ and its officers, directors, employees, parents, partners, successors, agents and affiliates exceed the greater of the total payments made by you to vitamix smoothies™ in the preceding six (6) month period or fifty dollars ($50). These limitations of liability shall apply to the fullest extent permitted by law. In some jurisdictions, these limitations of liability are not permitted and may not apply to you.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Vitamix Smoothies™ and its officers, directors, employees, parents, partners, successors, agents and affiliates from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses, including reasonable attorneys’ fees and costs, arising out of, related to or that may arise in connection with your access to our use of the Site or its Content and/or any actual or alleged violation or breach by you of Vitamix Smoothies™’ Terms of Use.
TERMINATION
Your sole right with respect to dissatisfaction with the Site, Content or the Terms of Use is to stop accessing or using our Site or Content. We reserve the right to terminate, suspend or block your access to the Site and/or its Content at any time for any reason in our sole discretion. Any termination, suspension or restriction shall not affect your obligations under the Terms of Use and the provisions of the Terms of Use, including your obligations and agreements under the Terms of Use, such as the provisions relating to intellectual property, licenses, limitations of liability, or payment, for example, shall survive such termination, suspension or restriction.
