Terms of Use – Vitaomix

Welcome to Vitaomix (www.vitaomix.com, “Website”), your trusted platform for purchasing Vitamix blenders. These Terms of Use (“Terms”) govern your access to and use of the Website, including all content, features, and services available on or through the Website. By accessing or using the Website, you (“User”) agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website.

1. Eligibility to Use the Website

To use the Website, you must be at least 18 years old (or the age of majority in your jurisdiction, whichever is higher) and have the legal capacity to enter into binding contracts. If you are using the Website on behalf of a business, organization, or other entity, you represent that you have the authority to bind that entity to these Terms, and “you” shall refer to both you and the entity.

We reserve the right to restrict access to the Website for users who violate these Terms, engage in fraudulent activity, or pose a risk to the Website’s security or other users.

2. Website Access & Use Rules

You agree to use the Website only for lawful purposes and in compliance with these Terms and all applicable laws (e.g., copyright, data protection, and consumer protection laws). Specifically, you shall not:

  • Use the Website to submit, upload, or share content that is illegal, harmful, offensive, defamatory, misleading, or infringing (e.g., content that violates third-party copyrights or trademarks).
  • Attempt to access, modify, or disrupt the Website’s servers, databases, or underlying technology (e.g., through hacking, phishing, or distributing malware).
  • Use automated tools (e.g., bots, scrapers) to crawl, collect, or extract data from the Website without our prior written permission.
  • Impersonate another person or entity, or falsify your identity, affiliation, or intent when using the Website (e.g., creating fake accounts to manipulate reviews or orders).
  • Resell, reproduce, or distribute Website content (e.g., product images, descriptions, or guides) for commercial purposes without our explicit authorization.
  • Engage in any activity that could overload, damage, or impair the Website’s performance (e.g., spamming contact forms, submitting excessive orders).

3. User Accounts (If Applicable)

If you create a user account on the Website (“Account”), you are responsible for:

  • Maintaining the confidentiality of your Account credentials (e.g., username, password) and restricting access to your device.
  • Notifying us immediately at [email protected] if you suspect unauthorized access to your Account or a breach of security.
  • All activities conducted under your Account, whether or not authorized by you.

We reserve the right to suspend or terminate your Account at any time if we believe you have violated these Terms (e.g., sharing Account access, engaging in fraud) or if the Account is inactive for an extended period (we will notify you via email before termination, where possible).

4. Intellectual Property Rights

All content on the Website—including, but not limited to, product images, descriptions, logos, trademarks (“Vitaomix” and related marks), text, videos, and software—is the exclusive property of Vitaomix or our licensors (e.g., Vitamix LLC) and is protected by copyright, trademark, and other intellectual property laws worldwide.

You are granted a limited, non-exclusive, non-transferable license to access and use the Website content solely for personal, non-commercial purposes (e.g., browsing products, placing orders). This license does not allow you to:

  • Reproduce, modify, or distribute Website content for commercial gain.
  • Use Vitaomix or Vitamix trademarks, logos, or branding without our written permission.
  • Create derivative works based on Website content (e.g., editing product images to sell counterfeit goods).

Unauthorized use of our intellectual property may result in legal action.

5. Third-Party Links & Content

The Website may contain links to third-party websites, services, or content (e.g., social media platforms, payment processors, or Vitamix’s official support page). These links are provided for your convenience only, and we do not control or endorse the content, privacy practices, or terms of use of these third parties.

We are not liable for any damages, losses, or issues arising from your use of third-party websites or content. You access these third-party resources at your own risk and should review their terms of use and privacy policies before engaging with them.

6. Website Content Accuracy & Availability

We strive to ensure that Website content (e.g., product prices, descriptions, availability) is accurate and up-to-date, but we do not guarantee its completeness, correctness, or reliability. Product images are for illustrative purposes only and may differ from the actual product (e.g., due to lighting or screen resolution).

We reserve the right to modify, update, or remove Website content at any time without prior notice (e.g., updating product details, discontinuing a feature). The Website may also be temporarily unavailable due to maintenance, technical issues, or other circumstances beyond our control. We will make reasonable efforts to notify users of planned downtime and restore access promptly, but we are not liable for any losses caused by Website unavailability.

7. Disclaimer of Warranties

THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VITAOMIX DISCLAIMS ALL WARRANTIES, INCLUDING:

  • IMPLIED WARRANTIES OF MERCHANTABILITY (e.g., that products will meet your expectations) and FITNESS FOR A PARTICULAR PURPOSE (e.g., that a blender will perform as described).
  • WARRANTIES THAT THE WEBSITE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR LEGALITY OF WEBSITE CONTENT.

This disclaimer does not affect any warranties required by law (e.g., statutory consumer rights that cannot be waived).

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VITAOMIX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR RELIANCE ON ITS CONTENT. This includes, but is not limited to:

  • Damages from Website downtime, errors, or security breaches.
  • Losses from incorrect product information (e.g., ordering the wrong model due to a description error).
  • Damages from third-party links or content accessed through the Website.

Our total liability to you for any claim related to the Website shall not exceed $100 USD, even if we have been advised of the possibility of such damages. This limitation does not apply to damages caused by our gross negligence, fraud, or failure to comply with legal obligations (e.g., product safety requirements).

9. Indemnification

You agree to indemnify, defend, and hold harmless Vitaomix, its affiliates, employees, and licensors from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your violation of these Terms or applicable laws.
  • Your use of the Website (e.g., uploading infringing content, unauthorized access to Accounts).
  • Your interactions with other users or third parties through the Website.

We reserve the right to assume control of the defense of any claim subject to indemnification by you, and you shall cooperate with us in such defense.

10. Changes to These Terms

We may update these Terms from time to time to reflect changes in laws, industry practices, or Website features. When we make changes, we will:

  • Post the revised Terms on the Website with an updated “Last Updated” date at the bottom of this page.
  • Notify registered users via email (to the address linked to their Account) if the changes are material (e.g., changes to liability limitations or user obligations).

Your continued use of the Website after the revised Terms are posted constitutes your acceptance of the new terms. We encourage you to review these Terms periodically.

11. Termination

We may terminate or suspend your access to the Website at any time, with or without notice, if:

  • You violate these Terms (e.g., engaging in fraud, distributing harmful content).
  • You fail to comply with applicable laws.
  • We discontinue the Website or a significant portion of its services.

Upon termination, your right to use the Website will immediately cease, and any provisions of these Terms that by their nature should survive termination (e.g., intellectual property rights, liability limitations, indemnification) will remain in effect.

12. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of, without regard to its conflict of laws principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website shall first be resolved through good-faith negotiation. If negotiation fails, the dispute shall be submitted to rather than brought in court, except that you may file a claim in small claims court if the dispute qualifies.

You waive any right to participate in a class action lawsuit or class-wide arbitration related to the Website or these Terms.

13. Contact Us

If you have questions, concerns, or need to report a violation of these Terms, please contact our team at: