Vitafoam Terms of Use

Effective as of October, 2017

ONLINE CONTENT DISCLAIMER

Vitafoam does not guarantee the completeness, or usefulness of any information on the website and neither does Vitafoam adopt nor endorse, nor is Vitafoam responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Vitafoam. Vitafoam takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the website.  Under no circumstances will Vitafoam be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the website, or transmitted to users.

 

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the website service, Vitafoam may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”).  These links are provided as a courtesy. Vitafoam has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content.  Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Vitafoam, and Vitafoam is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.

 

WARRANTY DISCLAIMER

THE WEBSITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, VITAFOAM EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEBSITE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, VITAFOAM MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

 

LIMITATION OF DAMAGES

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VITAFOAM, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE WEBSITE; (C) THE WEBSITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE WEBSITE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VITAFOAM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

 

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments.  It is your sole responsibility to check the Website from time to time to view any such changes in the Agreement.  If you continue to use the Website, you signify your agreement to our revisions to these Terms of Use.  However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration.  For this additional reason, you should keep your contact and profile information current.  Any changes to these Terms (other than as set forth in this paragraph) or waiver of Vitafoam’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Vitafoam.  No purported waiver or modification of this Agreement by Vitafoam via telephonic or email communications shall be valid.