TERMS & CONDITIONS
TERMS & CONDITIONS
This Agreement applies to your access to and use of the Site and do not alter in any way the terms and conditions of any other agreement you may have with us, unless otherwise agreed to by us in writing. You represent and warrant that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING OR ACCESSING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT AND ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING YOUR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU SHALL NOT USE OR ACCESS THE SITE OR PURCHASE GOODS OR SERVICES FROM US.
ELIGIBILITY AND ACCOUNT REGISTRATION
THIS SITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER. YOU MAY NOT USE OR ACCESS THE SITE IF YOU (A) DO NOT AGREE TO THIS AGREEMENT, (B) ARE NOT AT LEAST 18 YEARS OF AGE, (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE BY APPLICABLE LAW.
To access and use certain aspects of the Site, you must register for an account. In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your account credentials; (d) not share your account credentials with others; and (e) promptly notify us if you discover or otherwise suspect any security breaches related to your account or the Site.
SITE OWNERSHIP AND INTELLECTUAL PROPERTY
The Site as well as its contents, features, functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and all information, products, and services offered by us to you in connection with the Site (collectively, the “Content”) are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights pursuant to international conventions and U.S. and other laws. The Site and the Content are the property of Vitale Trading Company and/or the applicable third-party licensors, and all right, title, and interest in and to the Site and the Content will remain with Vitale Trading Company or such third-party licensors. Our logos, page headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks of Vitale Trading Company. All other products, names, and company logos mentioned on the Site or in the Content are trademarks of their respective owners.
This Agreement permits you to use the Site exclusively for your personal and other non-commercial use. You do not acquire ownership rights to the Site or any Content, other than those rights in the materials that you submit to us or otherwise enter through the Site, if any, that you may have or any rights that we may specifically grant you in writing, such as the limited license to use the Site, as further described below. This Agreement does not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of the Company or the respective intellectual property owners.
You will abide by any and all additional copyright notices, information, or restrictions contained in any Content. You will not modify, adapt, translate, reverse engineer, decompile, or disassemble the Site or any Content. You may only use the Site and the Content as expressly permitted herein, and any other use is prohibited. Any copying, republication, or redistribution of the foregoing, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Vitale Trading Company and/or the respective intellectual property rights holder identified in the subject content, which consent may be granted or withheld at the sole discretion of the rights holder. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content or the Site.
We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act, we reserve the right to terminate your use of the Site or the information and content contained therein if we determine in our sole and absolute discretion that you are involved in infringing activity, regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing.
TERMS OF SALE
4.1. All prices are shown in U.S. dollars, and taxes and shipping and handling charges are additional. Prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the billing screens. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products or services without notice, even if you have already placed your order. All sales are final, and we are not obligated to facilitate any returns or refunds. Please see our “Shipping and Returns” page for more information.
4.2. You agree to pay the shipping and any handling charges shown on the Site when your order is placed. We reserve the right to increase, decrease, add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only, and actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export. Please see our “Shipping and Returns” page for more information.
4.3. Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other payment method. By submitting your order, you represent and warrant that you are authorized to use the designated card or payment method and you authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. You agree to keep all payment cards or other payment method information current, and you agree that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.
FEEDBACK AND REVIEWS
If you provide us with comments, bug reports, feedback, or modifications proposed by you to us, about the Site or the Content (collectively, “Feedback”), we will have the right to use such Feedback at our discretion, including but not limited to incorporating such Feedback into the Site and the right to assign, license or otherwise use such Feedback.
The Site may include product reviews or other interactive features in which you or other users can create, post, upload, transmit, or distribute content, such as comments, reviews, text, or other materials (“User Reviews”). User Reviews may be publicly-viewable along with profile information associated with your online account. You agree that you are solely responsible for your User Reviews and for your use of such aspects of the Site. Use of these portions of the Site are at your own risk. You understand that you may not be able to delete User Reviews after posting. You also assume all risks associated with your User Reviews, including anyone’s reliance on the quality, accuracy or reliability of such User Reviews, and the disclosure of your personal information in connection with such content. If you submit User Reviews, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views.
By providing Feedback or posting User Reviews, you hereby grant us a nonexclusive, royalty-free, world-wide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such Feedback and User Reviews on the Site and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You represent and warrant that (a) such Feedback and User Reviews are not confidential; (b) you own and control all of the rights, title and interest in and to the Feedback and User Reviews or you otherwise have all necessary rights to post and use such Feedback and User Reviews to the Site and to grant the rights to us that you grant in this Agreement; (c) the Feedback and User Reviews is accurate and not misleading or harmful in any manner; and (d) the Feedback and User Reviews, and your use and posting thereof, do not and will not violate this Agreement or any applicable law, rule or regulation.
You agree to use the Site only for lawful purposes and in accordance with this Agreement. Specifically, you agree that:
you will not use the Site in any way that violates federal, state, local, or international law or regulation (including any laws or regulations regarding the export of data or software to and from the United States or other countries);
you will not use the Site to transmit or send unsolicited commercial communications;
you will not attempt to gain unauthorized access to, interfere with, damage, disrupt, or circumvent any of the security features of the Site (or the servers, networks, and databases associated with the Site);
you will not access (or attempt to access) the Site through any robot, spider, or other automated means (including use of scripts or web crawlers);
you will not “screen scrape”, “monitor”, “mine”, “copy”, or “mirror” the Site;
you will not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without our express written consent;
you will not engage in any activity that interferes with, disrupts, or imposes an unreasonable or disproportionately large load on the Site (or the servers, networks, and databases associated with the Site);
you will not introduce any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs, or other material which is malicious or technologically harmful to the Site (or the servers, networks, and databases associated with the Site);
you will not use the Site to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
you will not edit, modify, correct, adapt, translate, enhance, or otherwise prepare derivative works any content on the Site that is not owned by you or another person or entity for whom you act as their agent;
you will not reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sub-license, trade or resell any content or other aspect of the Site for any commercial purpose (except for content specifically and expressly made available for redistribution);
you will not remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, copyrights, warranties, disclaimers, or other proprietary notations from the Site;
you will not impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or develop restricted or password-only access pages, or hidden pages or images; and
you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which you may suffer) of any such breach.
Any use of the Site or the Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
RELIANCE ON INFORMATION POSTED
The information presented on or through the Site, including the Content, is made available solely for general information purposes. We use reasonable efforts to update the information on the Site, and the contents of the Site are subject to change without notice. We do not warrant the accuracy, completeness, or usefulness of this information (including any product, service, description, photograph, pricing or other information). Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site.
In the event of an error—whether on the Site, in an order confirmation, in processing an order, in delivering a product or service or otherwise—we reserve the right to correct such error and to revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
This Site may include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
If you have questions about the information presented on the Site, please contact us using the information provided in “Contact Information” at the end of this Agreement.
LINKING TO THE SITE AND SOCIAL MEDIA FEATURES
You may link to the Site’s homepage, provided you do so in a way that is fair and legal; but, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Site may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on this Site; (b) send e-mails or other communications with certain content, or links to certain content, on this Site; and/or (c) cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not: (a) establish a link from any website that is not owned by you; (b) cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (c) link to any part of the Site other than the homepage; or (d) otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of this Agreement.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features or any links at any time without notice in our discretion.
WARRANTIES AND DISCLAIMERS
10.1. THE SITE AND THE CONTENT AND ALL GOODS AND SERVICES PROVIDED OR TO BE PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, THE CONTENT, AND ALL GOODS AND SERVICES.
10.2. VITALE TRADING COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SITE, THE CONTENT, OR ANY PART THEREOF OR THE GOODS OR SERVICES, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT VITALE TRADING COMPANY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE. VITALE TRADING COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN USER.
10.3. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY SITE LINKED TO IT.
10.4. ALL USER REVIEWS ARE STRICTLY THE OPINION OF THE USER POSTING SUCH REVIEWS, AND WE DO NOT ENDORSE OR APPROVE ANY USER REVIEWS. WE DO NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, APPROPRIATENESS OR CONTENT OF USER REVIEWS.
10.5. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
EXCLUSION OF INDIRECT DAMAGES. IN NO EVENT WILL VITALE TRADING COMPANY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER VITALE TRADING COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
MAXIMUM AGGREGATE LIABILITY. IN NO EVENT WILL VITALE TRADING COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED $50, OR THE AMOUNT PAID BY USER TO VITALE TRADING COMPANY FOR THE GOODS AFFECTED BY THE BREACH, WHICHEVER IS LESS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
REVISIONS AND ERRATA
We reserve the right to modify or discontinue the Site at any time with or without notice to you. We do not guarantee continuous, uninterrupted or secure access to the Site. The operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.
The Content and the Site could include technical, typographical, or photographic errors. We do not warrant that any of the Site or the Content are accurate, complete, or current. We do not make any commitment to update the Site or the Content.
LINKS FROM THE SITE
We have not reviewed all the sites linked to the Site, and we are not responsible for any changes to or content on them. We have no control over the content of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Our inclusion of any content is not an endorsement of that material or linked site or the companies that own or operate the material or linked sites.
GOVERNING LAW AND VENUE
All matters relating to the Site, the Content, or this Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule.
The courts having jurisdiction over the State of Michigan, County of Kent shall have exclusive jurisdiction over all disputes arising in connection with this Agreement, and the place of performance of this Agreement is agreed by you to be the State of Michigan County of Kent.
WAIVER AND SEVERABILITY
No waiver by us of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. Enforcement of this Agreement is in our sole discretion.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
You agree to indemnify, defend, and hold harmless Vitale Trading Company and its successors and assigns and all of their respective officers, directors, agents, employees, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, obligations, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your breach of this Agreement; (ii) your violation of any third party’s right, including, without limitation, any copyright, trademark, property right, or privacy right; or (iii) any claim that content provided by you caused damage or loss to a third party. This defense and indemnification obligation will survive your use of the Site and any termination of this Agreement.
TERMS MAY CHANGE
We may modify this Agreement from time to time in our sole discretion. We will provide notice by, at a minimum, updating this posting. You are expected to carefully review this Agreement from time to time so you are aware of any changes. However, if we make material changes to this Agreement, we will notify you either through the email address you have provided us or by means of a prominent notice on the Site before the change becomes effective. Any changes to this Agreement will be in effect as of the “Last Updated” date referenced at the top of this Agreement. Your continued use of the Site constitutes your binding acceptance to this Agreement, including any changes or modifications that we may make. If any part of this Agreement or any future changes to this Agreement are not acceptable to you, you must not use or access the Site.
This Agreement, together with any documents expressly referred to in them constitute the sole and entire agreement between you and us with respect to the Site and Content, and they supersede all previous written or oral agreements. This Agreement does not supersede or amend any other agreement with Vitale Trading Company.
You may terminate this Agreement at any time by closing your account, discontinuing your use of the Site and providing us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use the Site, or any portion of the Site, and to block or prevent your future access to and use of the Site or any portion of the Site.
All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to:
In Writing: Vitale Trading Company LLC
Attn: Privacy Officer
6445 68th St SE Caledonia, MI 49316
By Email: email@example.com