PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE INDICATES YOUR ACCEPTANCE WITH THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
The following are terms of a legal agreement between you and Dastmalchi, LLC. dba Vitagoods ("Vitagoods"). Your access to and use of this Web Site ("Site") is subject to your compliance with all applicable laws and the following terms and conditions. By accessing and browsing this Site, you accept, without limitation or qualification, the Terms and Conditions herein. If you are using this Site on behalf of your employer, you represent that you are authorized to accept these terms and conditions on your employer's behalf. This Agreement shall automatically terminate upon failure by you to comply with its terms.
1. The copyright and other proprietary rights in all information, data, text, software, music, audio, photographs, graphics, video, messages, software or other materials ("Content") contained on this Site is owned by Vitagoods or others. Vitagoods authorizes you to download, copy, display and distribute the Content contained on this Site, provided that such use shall be for non-commercial, internal use only by you or within your organization. In consideration of this authorization, you agree that any Content, including copies, obtained from this Site shall retain all copyright and other proprietary notices contained therein and you agree that all artwork, including graphics and logos, shall not be used separately from accompanying text as depicted in this Site. Any other use of Content contained on this Site including without limitation, reproduction, distribution, modification, adaptation, or republication, without the written permission of Vitagoods, is expressly prohibited. You may not "frame" or "mirror" any Content contained on this Site unless authorized in writing by Vitagoods. Unauthorized use of documents, images, software and other proprietary material may violate copyright, trademark, privacy, right to publicity, export, and communications laws and regulations.
2. The trademarks, service marks, and logos displayed on this Site are registered and common-law trademarks of Vitagoods and others. No license or right to use any trademark contained on this Site is granted whether by implication, estoppel, or otherwise and any use of any trademark contained on this site is expressly prohibited unless authorized in writing by Vitagoods or such other third party trademark holder.
3. From time to time, this Site may contain links to other web sites. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. Neither Vitagoods nor any of its affiliates is responsible for any content, materials or other information located on or accessible from any such web site. Neither Vitagoods nor any of its affiliates endorses, guarantees, or makes any representations or warranties regarding any other web site, or any content, materials or other information located or accessible from such web sites, or the results that you may obtain from using such web sites. If you decide to access any other web site linked to or from this Site, you do this entirely at your own risk.
4. Creating or maintaining any link from another web site to any page on this Site without Vitagoods' prior written permission is prohibited. Running or displaying this Site or any material displayed hereon from this Site in frames or through similar means on another web site without Vitagoods' prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws.
5. DISCLAIMER. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER VITAGOODS NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES AT THIS SITE. THE MATERIALS AND SERVICES AT THIS SITE MAY BE OUT OF DATE, AND NEITHER VITAGOODS NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE THE MATERIALS OR SERVICES AVAILABLE THROUGH THIS SITE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL VITAGOODS, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, CLIENTS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
7. Unless otherwise specified, the materials in the site are presented solely for the purpose of providing information on Vitagoods and its services. This site is controlled and operated by Vitagoods from its offices within the State of California, United States of America. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Site shall be brought only in the state or federal courts located in Orange County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Vitagoods makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
8. Vitagoods may at any time revise these Terms and Conditions by updating this posting. Your continued use of this Site is contingent upon your agreement to be bound by any such revisions and you should therefore periodically visit this page to review the then-current Terms and Conditions. Last Revised December 7, 2010