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Terms of Use

The Terms of Use set forth herein (“Terms of Use”) apply to use of the resources comprising the Internet Site located at http://www.vita-recipes.com (the “Site”), owned, operated, licensed, or controlled by Lone Star Heat Products, Inc. (the  “Company”).  This Site is neither affiliated with nor endorsed by the Vita-mix® Corporation, which is located at http://www.vitamix.com.  Please read these Terms of Use carefully, as they govern your use of this Site.

I. Membership

Any individual interested in access to the full benefits of this Site may become a member by paying a membership fee. The membership rates and terms are available based on the membership selected. When becoming a member, your selected username and/or password become ownership of the Site, for this Site. Therefore, any and all information that provides access to this Site is prohibited from sharing in any avenue possible. Once payment is received you will be identified as a member immediately. Upon your initial login to the Site, your membership will be designated as “Validated”. Once a validation is confirmed, the Company will not provide any refunds of any kind; all memberships are final. Any physical items that are ordered that are tangible in nature (i.e. spice, soy, books) and are no longer desired are entitled to a full refund as long as notice of such is placed prior to the shipping of such.

II. Acceptance  

By accessing this Site, you agree to be bound by these Terms of Use that may be updated by the Company from time to time without notice to you. Please check these Terms of Use periodically for changes. Continued use of the Site following the posting of changes to these Terms of Use shall mean you have read and accept such changes.

III. Use of Web Site Content  

Unless otherwise noted, all materials including images as well as written and other materials that are part of the Site are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by the Company. No material from the Web Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as explicitly provided by these Terms of Use.

As a member of our Site you may view, download, and print contents from the Web Site subject to the following conditions: (a) the content shall be used solely for own personal information and not commercial purposes; (b) you shall keep intact all copyright and other such proprietary notices; (c) the content shall not be modified or altered in any way; and (d) you shall not publish any information from this Site to any other media whatsoever.

IV. Restrictions on Use of the Site  

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without the express written consent of the Company. You may not use any meta-tags or any other “hidden text” utilizing the Company's name or trademarks without the express written consent of the Company. You may not use the Company logo or any other proprietary graphic or trademark as part of a hyperlink without the express written permission of the Company.

Modification of the materials or use of the materials for any other purpose is a violation of the Company’s copyright and other proprietary rights, except as otherwise provided.  Any use of any material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to the Company.

Further, you shall not commit any of the following acts through your use of the Site:

A.    transmit any content that is invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
B.    use foul language or post links to adult-oriented Web sites;
C.    transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unrequested solicitation;
D.    post advertising messages or solicitations, URLs containing a referral code or referral address, or links to businesses or pages with advertising, including “blind” or “hidden” referral links;
E.    collect, store, use or disseminate personal data or information about other users in any manner whatsoever including but not limited to solicitation of products or services by mail, telephone or e-mail (e.g. e-mail addresses).

V. Public Communication  

You shall not upload to, distribute through, or otherwise publish through any communication any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any person or entity, or that would otherwise give rise to liability or violate any law.

Any communications shall be used only in a noncommercial manner. You shall not, without our express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of the Site to join or become members of any commercial online service or other organization is expressly prohibited.

By uploading any materials to the Company, you automatically grant (or warrant that the owner of such rights has expressly granted) the Company a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.

VI. Privacy  

It is the policy of the Company to respect the privacy of all Web Site users. Therefore, in addition to the privacy of registration data, the Company shall not monitor, edit, or disclose the contents of a guest's e-mail unless required in the course of normal maintenance of the Site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served on the Company; (ii) protect and defend the rights or property of the Company; or (iii) act in an emergency to protect the personal safety of our users or the public. You shall remain solely responsible for the content of your messages.

VII. Indemnity  

You shall indemnify and hold the Company harmless from and against any and all liabilities, claims, costs, assessments, fees or expenses of any kind, including without limitation defense costs and attorneys’ fees arising from or related in any way to (i) content or materials provided by you; (ii) any claim which, if proved, would breach any representation you have made herein; and (iii) any and all Third Party Claims arising out of any content or materials submitted by you or transmitted through this Site by you.

VIII. Termination  

These Terms of Use are effective as of the first date materials from the Site are accessed by you (the “Effective Date”) and shall continue in effect until terminated by either party. User may terminate the agreement formed by these Terms of Use at any time by destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. These Terms of Use shall terminate immediately without notice from the Company and your right to access the Site shall immediately cease, if in the Company's sole discretion, you fail to comply with any term or provision of these Terms of Use. Upon termination, you shall destroy all materials obtained from the Site and all copies thereof, whether made under the terms of these Terms of Use or otherwise.

The Company may, at its sole discretion, and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms of Use may be effected without prior notice. Further, you agree that the Company shall not be liable to you or to any third party for any termination of your access to the Site.

IX. Links to the Site  

You recognize and agree that the materials contained in the Site are proprietary to the Company and that such materials have substantial commercial value to the Company. You shall not link to any page in the Site, including the home page, without the Company’s prior written consent. In the event that you or your agents desire to hyperlink to any page in the Site you shall first request permission from the Company in writing. Your request shall state the following: (a) your name and contact information; (b) the nature of the Site on which you wish to include such link; (c) the internet address(s) of the linking Site(s) or Web page(s), as appropriate; (d) the intended purpose of the proposed link (e.g. commercial or educational); and (e) the page(s) on the Site to which you wish to link.

X. Jurisdiction  

Unless otherwise specified, the materials in this Site are presented solely for the purpose of promoting publications and other products available in the United States, its territories, possessions, and protectorates. The Site is controlled and operated by the Company from its offices within the State of Texas, United States of America. The Company makes no representation that materials in this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

XI. Disclaimer  

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER(S) THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

XII. Limitation of Liability  

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY, IF ANY, FOR ACCESSING THIS SITE.

XIII. Links to Outside Web Sites and Services

To the extent that this Site contains links to outside services and resources, the Company does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

XIV. Miscellaneous

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be litigated only in the state or federal Courts located in Tarrant County, Texas and you hereby consent and submit to the personal jurisdiction of such Courts for the purposes of litigating any such action. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any term or condition of these Terms of Use shall be valid or binding on the Company unless the same shall have been set forth in a written document, specifically referring to these Terms of Use and duly signed by the Company. The failure of the Company to enforce at any time any of the provisions of these Terms of Use shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of the Company to enforce each and every such provision thereafter.

I Accept These Terms of Use

Please direct all questions to support@vita-recipes.com or call 817.832.3605
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