WAD Group B.V. along with all its subsidiaries (further referred to as as “VitaBit”), provides the information and services on its Website(s) (“Site”) under the following terms and conditions.
VitaBit reserves the right to make changes or updates with respect to or in the Content of the Site or the format thereof at any time without notice. VitaBit reserves the right to terminate or restrict access to the Site for any reason whatsoever at its sole discretion.
2. LAWS AND REGULATIONS. Your access to and use of this Site is subject to all applicable international, federal, state and local laws and regulations. You agree not to use the Site in any way that violates such laws or regulations.
3. COPYRIGHT NOTICE. Copyright and all other proprietary rights in the Content (including but not limited to software, audio, video, text and photographs) rest with VITABIT or its licensors. All rights in the Content not expressly granted herein are reserved. Except as stated herein, none of the material may be copied, reproduced, modified, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of VITABIT or the copyright owner. All copyright and other proprietary notices shall be retained on all permitted reproductions. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without VITABIT's permission, "mirror" any material contained on this Site on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy, communications, regulations and statutes.
Any material or information sent through or in connection with this Site by you ("User Materials") will be treated as non-confidential and non-proprietary, and immediately become the property of VITABIT, subject to the applicable Privacy Statement posted on this Site. VITABIT may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Materials.
This Site may contain references to specific VITABIT products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact your local VITABIT business contact for further information.
4. TRADEMARKS. Unless otherwise indicated, all trademarks, service marks and logos displayed on the Site are registered and unregistered trademarks of VITABIT (or its affiliates, subsidiaries or divisions). These include each of VITABIT’s primary product brands and service offerings and its corporate logos and emblems.
5. TAMPERING. User agrees not to modify, move, add to, delete or otherwise tamper with the information contained in VITABIT's Site. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Site.
6. INDEMNITY. You agree to defend, indemnify, and hold harmless VITABIT, its affiliates, subsidiaries, and divisions, and each of their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content (including software) or your breach of the terms of this Agreement. VITABIT shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
7. THIRD PARTY INFORMATION. Although VITABIT monitors the information on the Site, some of the information may be supplied by independent third parties. While VITABIT makes every effort to insure the accuracy of all information on the Site, VITABIT makes no warranty as to the accuracy of any such information.
8. LINKS TO THIRD PARTY SITES. This Site may contain links that will let you access other Web sites that are not under the control of VITABIT. The links are only provided as a convenience and VITABIT does not endorse any of these sites. VITABIT assumes no responsibility or liability for any material that may accessed on other Web sites reached through this Site, nor does VITABIT make any representation regarding the quality of any product or service contained at any such site.
9. LINKS TO THIRD PARTY SITES. VITABIT prohibits unauthorized links to the Site and the framing of any information contained on the site or any portion of the Site. VITABIT reserves the right to disable any unauthorized links or frames. VITABIT has no responsibility or liability for any material on other Web sites that may contain links to this Site.
10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL VITABIT OR ANY OF ITS AFFILIATES, SUBSIDIARIES, OR DIVISIONS, BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF VITABIT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST VITABIT PERTAINING TO OR IN CONNECTION WITH THIS SITE MUST BE COMMENCED AND NOTIFIED TO VITABIT IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
11. NO WARRANTIES. Although care has been taken to ensure the accuracy of information on this Site, VITABIT assumes no liability therefore. Information and documents provided on this Site are provided "AS IS" and “AS AVAILABLE”. VITABIT hereby disclaims any representations and warranties of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, title or as to operation or content. VITABIT uses reasonable efforts to include accurate and up-to-date information on this Site; it does not, however, make any warranties or representations as to its accuracy or completeness. VITABIT periodically adds, changes, improves, or updates the information and documents on this Site (including but not limited to products, pricings, programs, events, and offers) without notice. VITABIT assumes no liability or responsibility for any errors or omissions in the content of this Site. Your use of this Site is at your own risk.
12. PRIVACY. Protecting the privacy of our clients and users of our Sites is important to VITABIT. The VITABIT Privacy conditions, as part of the general terms and conditions as updated and amended from time to time, describes how we use and protect information you provide to us.
13. SECURITY. The security of information transmitted through the Internet can never be guaranteed. VITABIT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS SITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. VITABIT DOES NOT WARRANT THAT THE SITE OR THE SERVERS, WHICH MAKE THIS SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY VITABIT ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. VITABIT is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. You are responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of VITABIT sites. In order to protect you and your data, VITABIT may suspend your use of a client site, without notice, pending an investigation, if any breach of security is suspected.
14. TRANSMISSION OF PERSONAL DATA. You acknowledges and agree that by providing VITABIT with any personal information through the Site, you consent to the transmission of such personal information over international borders as necessary for processing in accordance with VITABIT's standard business practices and the applicable Privacy Statement.
15. ACCESS TO PASSWORD PROTECTED/SECURE AREAS. Access to and use of password protected and/or secure area of the Site is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
16. FORWARD-LOOKING STATEMENTS. The information on this Site may contain certain projections or forward-looking statements with respect to the financial condition, results of operations and business of VITABIT or any of its affiliates and certain plans and objectives of VITABIT with respect to these items. By their nature, projections and forward-looking statements involve risk and uncertainty because they relate to events and depend on circumstances that will occur in the future. There are a number of factors that could cause actual results and developments to differ materially from those expressed or implied by these projections or forward-looking statements. These factors include, but are not limited to, levels of business spending in major economies, the levels of marketing and promotional expenditures by VITABIT and its competitors, raw materials and employee costs, changes in future exchange and interest rates (in particular, changes in the euro and the US dollar can materially affect results), changes in tax rates and future business combinations, acquisitions or dispositions and the rate of technical changes.
17. SPECIFIC SOFTWARE AVAILABLE ON THIS SITE. Any software that may be made available to download from the Site (the "Software") is the copyrighted work of VitaBit and/or a third party providing that Software. Software made available for downloading from or through this Site is licensed subject to the terms of the applicable license agreement, which may accompany or be included with the Software ("License Agreement"). An end user may be unable to install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms. Except as set forth in the applicable License Agreement, the Software is made available for use by end users only and any further copying, reproduction or redistribution of the Software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. VITABIT HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.
INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Any product, process or technology published on this Web server may be the subject of other intellectual property rights reserved by VitaBit and are not licensed hereunder. Any software programs and any corrections, updates or new versions of any software programs that may be made available by VitaBit through this Web server are provided subject to the additional terms, conditions and restrictions indicated in the applicable section of this Web server.
The information provided in this document is intended for informational purposes only and is subject to change without notice. Information may be changed or updated without notice. VitaBit may also make improvements and/or changes in the products, pricing and/or the programs described in this information at any time without notice.
Any software products or software product documentation which is downloaded from this Webserver shall be subject to the licensing rights specified for such products with such products' documentation.
In no event shall VitaBit be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence, or other action, arising out of or in connection with the use or performance of this information.
IN NO EVENT WILL VITABIT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any provision or part of a provision of this disclaimer shall be, or be found by any court of competent jurisdiction or public authority to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of this disclaimer, all of which shall remain in full force and effect.
All rights reserved. All trademarks mentioned herein belong to their respective owners.
Subsidiary of WAD Group B.V.
1. All articles of this Disclaimer apply to the VitaBit Blog. By using the VitaBit Blog you agree unconditionally with this disclaimer.
2. The editor endeavours to actualise and/or to add information to the VitaBit Blog regularly. In spite of this care and attention it is possible that the content is incomplete and/or incorrect.
3. The editor provides the contents of the VitaBit Blog page AS IS, without any guarantee concerning it's soundness, aptitude for a certain purpose or otherwise. The content is experimental and intended for private use only.
4. The editor is not liable for any damage which has occured or may occur in connection with and/or results from the use of the VitaBit Blog or to the impossibility to use the Vitabit Blog web.
5. The editor may alter or remove the Blog post from the internet at all times and without a prior notice. The editor is not liable for any consequence(s) due to the alteration or removal of the Blog post.
6. Content provided by a third party has not been independently reviewed, tested, certified, or authenticated in whole or in part by the editor and as such the editor makes no warranty with respect to its contents.
7. Unauthorized or improper use of the VitaBit Blog or its content can result in an infringement of intellectual (property) rights or an unlawful act related to privacy, publication, communication and other matters. You are responsible for all data and requests which you send from the VitaBit Blog.
8. The editor reserves the right to deny your access to the VitaBit Blog or certain services available on the VitaBit Blog. As a consequence the editor may monitor your access to the Blog page.
9. You will protect the editor, its employees, representatives, license holders, trade partners and the author of this disclaimer against any judicial and non-judicial measures, condemnations, etc, including the costs for legal assistance, accountants etc. which are a direct or indirect consequence of your use of the VitaBit Blog and/or your violation of any law, regulation or rights of third parties.