Terms of Use

Saturday, March 07 2009 13:53

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Welcome to Vitemo.com. Please carefully read the Terms of Use in entirety before using and accessing the Vitemo.com website and Services. Printing and keeping a copy of the Vitemo.com Terms of Use is recommended. Please review our Privacy Policy. If you have any questions about the following Terms of Use, please contact us at This e-mail address is being protected from spambots, you need JavaScript enabled to view it

1.00 USER LICENSE

1.10 Vitemo.com grants you a limited license to access the Site and use the Services in accordance with these Terms of Use and the instructions and guidelines posted on the Site.
1.20 By accessing the Vitemo.com website (from here after within these Terms of Use shall be referred to as "Site") or using the Services offered by Vitemo.com (from here after within these Terms of Use shall be referred to as "Services"), you agree and acknowledge to be bound by these Terms of Use (from here after within these Terms of Use shall be referred to as "Terms"). If you do not agree to these Terms or to our Privacy Policy, do not use or access the Site or the Services. Vitemo.com reserves the right to change, revise and post these Terms at any time without your notification. Continuing to use this Site after the posting of changed and revised Terms constitutes acceptance of the amended Terms. Reviewing of the changed and revised Terms is your sole responsibility as a user. Periodically reviewing the Terms is recommended.
1.30 You shall not use the Services and shall not accept the Terms if you are not of legal age to form a binding contract with Vitemo.com, or if you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
1.40 By using Vitemo.com and Services you recognize, agree to, and will bring no legal claim for damages for the Vitemo.com Privacy Policy.
1.50 By using Vitemo.com you recognize and will bring no legal claim for Vitemo.com's use of third party vendors including Google to serve ads on your this site. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at http://www.doubleclick.com/privacy/faq.aspx

2.00 USER CONDUCT AND USER SUBMITTED CONTENT AND LINKS

2.01 In order to access certain Services provided by Vitemo.com, you may be required to provide personal information as part of the registration process for the Service, or as part of your continued use of the Services. You agree that the information you submit during the registration process will always be accurate, true and up to date.
2.02 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
2.03 You agree that you hold sole responsibility for all activities that occur under your account.
2.04 Content includes, but is not limited to; any written article, comment, forum or blog posting, video or audio clip, link to an outside website posted by you as a guest or under your account.
2.05 By submitting Content and links, you are granting full and royalty-free permission to us and others to access, use, reproduce, display, perform, promote, adapt, modify, distribute the Content in any form and any purpose in connection with the Services, the Site and otherwise in connection with our business.
2.06 You agree not to submit any Content that will infringe or violate the rights of any third party and that you are sole responsible for any infringement or violation.
2.07 You agree not to use Vitemo.com and Services to send spam, junk email, chain letters, duplicative or unsolicited messages.
2.08 You agree that all submitted Content solely represents your advice, views, opinions or beliefs and not representative of Vitemo.com.
2.09 You agree not to submit any Content that is unlawful, pornographic, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, offensive or otherwise objectionable.
2.10 You agree not to submit or transmit any Content that contain viruses, trojan horses, worms, or any other harmful programs.
2.11 Vitemo.com makes no claim of accuracy of any Content or user-posted material.
2.12 By using Vitemo.com and Services you recognize that user submitted Content are public and not private and may be viewable and tracked back to the user that submitted the Content.
2.13 By using Vitemo.com and Services you recognize and agree that other users may contact and solicit you through your profile page. By using Vitemo.com and Services you waive your right to claim any legal damages for any wanted, unwanted, solicited or unsolicited messages through this Site or any information gained through this Site.
2.14 You and Vitemo.com are separate and independent entities. The use of Vitemo.com and Services will in no way constitute or create a partnership or any type of joint business relationship.

3.00 LOGOS, TRADEMARKS AND COPYRIGHTS

3.10 The Vitemo.com logo and design may not be used without express written consent and permission from Vitemo.com, other than for attribution.
3.20 The Vitemo.com logo may not be used without the express written consent and permission of Vitemo.com.
3.30 All trademarks, service marks and/or trade names that appear on the Site that are not Vitemo.com marks are the trademarks of their respective owners. References to any names, marks, products or Services of third parties do not constitute or imply endorsement, sponsorship or recommendation of the third party or the products or Services.
3.40 You acknowledge that Content accessible to you on the Site is protected by copyrights, trademarks, service marks, patents, trade secrets, data rights, publicity or privacy rights or other intellectual property rights and laws. Unless you are given permission to do so, you shall not sell, lease, modify, copy, republish, upload, download, post, broadcast, transmit, or distribute in any way Content available through the Site.
3.50 You acknowledge that any information provided by or through Vitemo.com is for informational and entertainment purposes only and is never intended to constitute professional advice.

4.00 WARRANTIES AND LIABILITIES

4.10 VITEMO.COM PROVIDES THE SITE AND SERVICES "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. VITEMO.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER ON WHICH IT OPERATES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
4.20 VITEMO.COM SPECIFICALLY DOES NOT CLAIM ANY EXPLICIT OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT.
4.30 BY USING VITEMO.COM SITE AND SERVICES YOU EXPRESSLY RECOGNIZE, UNDERSTAND, AND AGREE THAT VITEMO.COM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
A. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, ANY LOSS OF SALES, ANY LOSS OF GOODWILL, ANY DAMAGE TO PERSONAL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER BUSINESS LOSS OR OTHER INTANGIBLE LOSS SUSTAINED EITHER DIRECTLY, INDIRECTLY, OR INCIDENTALLY;
B. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
I. ANY CHANGES WHICH VITEMO.COM MAY MAKE TO THE SITE AND SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION OR DISRUPTION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
II. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY US OR OUR WEBSITE HOST PROVIDERS BY OR THROUGH YOUR USE OF THE SITE AND SERVICES;
III. ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH Vitemo.COM OR ANY LINKED SITES AND WEB SERVERS;
IV. ANY PRODUCTS OR SERVICES OF OR LINKS TO THIRD PARTIES;
V. YOUR FAILURE TO SECURE YOUR PASSWORD OR ACCOUNT DETAILS.
4.40 YOUR ONLY REMEDY TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH VITEMO.COM SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES
4.50 SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR STATE AND/OR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

5.00 SUSPENSION, DENIAL, AND TERMINATION OF ACCESS

5.10 Without any notice, Vitemo.com may suspend, disconnect, deny, restrict, terminate this Site and Services during:
A. Any technical failure, modification, maintenance, or upgrade of the Site.
B. Any breach of any Term of Services
C. Any event, in which in Vitemo.com's opinion, may constitute a threat to the operation or integrity of the Site.
D. Any financial situation, in which in Vitemo.com's opinion, can not justify the cost of maintaining and operating the Site.
5.20 You agree that Vitemo.com and it's owners, parent, subsidiary, and related entities are not responsible nor liable, and no legal claim for any damages can be brought for any data, profit, or information lost during or after suspension, denial or termination of access to Vitemo.com and Services.
5.30 Vitemo.com reserves the rights to terminate your license to use the Site and Services at any time and for any reason or in the future charge for commercial usage.

Revised March 7, 2009