WEBSITE TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.


Welcome to the Vitraform website operated by Vitraform, Inc., a Colorado corporation (“Vitraform”) www.vitraform.com (the “Vitraform Website”).  These Terms of Use govern your use of the Site, other pages in the vitraform.com domain and co-branded websites (collectively, the "Site") and any Vitraform information, instructions, schematics, designs, layouts, photographs, pricing or other uses of Vitraform’s products displayed on the Site or obtained elsewhere (the "Products").


By using the Site, you signify your assent to these Terms and Conditions of Use (“Terms of Use”). These Terms of Use constitute a binding legal agreement between you and Vitraform (also, "we," "us," and "our").  If you do not agree to all of these Terms and Conditions, do not use this Site.


1. Updates And Changes To The Terms Of Use


Vitraform reserves the right, at any time and without notice, to add to, change, update, or modify the Terms of Use, simply by posting such change, update, or modification on the Site.  Any such change, update, or modification will be effective immediately upon posting of the updated, changed, or modified Terms of Use on the Site.


2. Privacy Policy


Vitraform’s Privacy Policy applies to your use of the Site, and its terms are made a part of these Terms of Use by this reference.  To view Vitraform’s Privacy Policy, click here .  Please review Vitraform’s Privacy Policy, so that you may understand Vitraform’s privacy practices and its commitment to respecting your privacy and the confidentiality of information provided to it. 


By using the Site, you acknowledge, agree, and understand that Internet transmissions are never 100% private or secure, and there is always a possibility that a third party could intercept or read any message or information that you send to the Site, even if that a particular transmission (for example, credit card information) is encrypted.


3. Indemnification


You agree to defend, indemnify, and hold harmless Vitraform and its parents, subsidiaries, affiliates, associates, and partners, and their respective officers, directors, agents, and representatives, for any and all claims, losses, demands, suits, liabilities, or expenses of any kind, including reasonable attorneys' fees, expenses, and court costs that arise from your use of the Site or from any breach of these Terms of Use.


4. No Warranty


THE VITRAFORM WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VITRAFORM DOES NOT WARRANT THAT THE VITRAFORM WEBSITE WILL BE AVAILABLE ON A CONTINUOUS OR UNINTERRUPTED BASIS, NOR THAT IT WILL BE ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VITRAFORM MAKES NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER REGARDING THE VITRAFORM WEBSITE. ADDITIONALLY, VITRAFORM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING INFORMATION APPEARING ON THE VITRAFORM  WEBSITE OR ACCESSIBLE THROUGH THE VITRAFORM  WEBSITE.


NO ADVICE OR INFORMATION GIVEN BY VITRAFORM OR ANY OF ITS EMPLOYEES AND REPRESENTATIVES ON OR THROUGH THE VITRAFORM WEBSITE WILL CREATE ANY WARRANTY. NEITHER VITRAFORM NOR ANY OF ITS EMPLOYEES OR REPRESENTATIVES WILL BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE VITRAFORM WEBSITE, INCLUDING WITHOUT LIMITATION ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES.


5. Limitation Of Liability


YOU ASSUME ALL RISK OF USING THE VITRAFORM WEBSITE. VITRAFORM WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM THE USE OF THE VITRAFORM WEBSITE, INCLUDING WITHOUT LIMITATION FROM ANY OF THE FOLLOWING CAUSES: OTHER USERS ACCESSING YOUR COMPUTER, SECURITY BREACHES, INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE VITRAFORM WEBSITE, YOUR RELIANCE ON OR USE OF INFORMATION OR MATERIAL OBTAINED FROM THE VITRAFORM WEBSITE, ANY DEFECT IN THE VITRAFORM WEBSITE, OR ANY FAILURE OF PERFORMANCE OF THE VITRAFORM WEBSITE.


6. Disclaimer Regarding Other Sites


The Site may link to third-party websites to provide you with access to additional useful information.  The third-party websites are provided solely as a convenience to you; Vitraform is not responsible for the content, advertising, products, privacy policies or other material made available through any third-party websites nor does Vitraform endorse any third-party websites.  Please direct your concerns to that third-party website’s webmaster or appropriate contact.


7. Website Security


Please be aware that you are not authorized to do any of the following:



  • abuse or harm the Site or any services, accounts, servers, or networks connected to or accessible through the Site or through any third-party website;

  • disrupt or interfere with the security of the Site;

  • interfere with any other user's enjoyment of the Site or of any third-party website;

  • upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files; or

  • obtain or attempt to obtain unauthorized access to the Site or to any portion of the Site to which access is restricted.


8. Intellectual Property Rights Ownership and Notification


All content available on the Site, including, but not limited to, text, graphics, photographs, logos, images, documents, and the compilations thereof (the “Content”) and the trademarks, logos, and service marks displayed on the Site (the “Trademarks”)  are owned, controlled, or licensed by or to Vitraform, its affiliates, its partners, or its licensors, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.  The Content and Trademarks on the Site are solely for your personal, non-commercial use.


Neither the Content, Trademarks, nor any other portion of the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed, and/or exploited in any way, in full or in part, including by e-mail or other electronic means for commercial use without proper license agreements with Vitraform.  Neither title nor intellectual property rights are transferred to you by access to the Site. 


9. Links to and From the Site


You may provide a link to the Site from another website, provided that you observe the following conditions:



  • The appearance, position and other aspects of the link shall not damage or dilute the goodwill associated with Vitraform’s name and trademarks;

  • The appearance, position and other aspects of the link shall not create the false impression that any person or entity is associated with or sponsored by Vitraform; and

  • The link, when activated by a user, must display the site http://vitraform.com/ full-screen and not within a "frame" on the linked website.


Vitraform may, in its sole discretion, revoke consent to link to the Site at any time and for any reason.


10. Children


Vitraform does not knowingly solicit data online from or market online to children under the age of 13. 


The Site provides information, including links to third-party websites, to educate teenagers and young adults relating to health care issues.  Any information provided on the Site should never be used to replace or substitute parental advice.


11.  Jurisdictional Issues


We operate and control the Site from the State of Colorado, USA. Although the Site is accessible worldwide, not all features, services, or information discussed, referenced, provided, or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States.  Vitraform reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area.  If you choose to access the Site from other locations, you do so on your own initiative and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.


12. Governing Law


The Terms of Use are governed by the laws of the State of Colorado, USA, without regard to conflict of laws provisions. Any dispute regarding the Terms of Use must be resolved in a state or federal court located in Colorado. You consent to the exercise of personal jurisdiction by these courts and waive any objection you might otherwise have to jurisdiction or venue in Colorado.


13. Termination of Usage


Vitraform may terminate your access to all or part of the Site, at any time, for any reason, without notice.  Vitraform also reserves the right to temporarily or permanently discontinue the Site, or any portion thereof, at any time, for any reason, without notice. 


14. Miscellaneous


If any of these Terms of Use are found to be unlawful, void, or for any reason unenforceable, that provision will be considered severed from the remaining provisions and will not affect the validity or enforceability of the remaining provisions.  These Terms of Use constitute the entire agreement between you and Vitraform governing your access to, dealings with, and use of the Site; and any and all other written or oral agreements or understandings previously existing between you and Vitraform with respect to such access to, dealings with, or use are hereby superseded and canceled.  Vitraform’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a wavier by Vitraform of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Vitraform and you or any other party be construed to modify any provision of these Terms of Use.


15. Contacting Vitraform


Vitraform values your suggestions and concerns.  If you have any questions or comments about the Terms of Use, please email us at info@vitraform.com or call us directly at 303.295.1010.


Last updated: February 10, 2014


© 2014 Vitraform, Inc. All Rights Reserved.